Organization of the Licensing Commission

 The Special Committee to Review the Final Report of the Toronto Transition Team recommends:

 (1)the adoption of the report (April 15, 1998) from the Chief Administrative Officer, subject to amending Recommendation No. (2) by adding the words, "composed of the current four citizen members of the Toronto Licensing Commission and three additional citizens", after the word "citizens", so that Recommendation No. (2) shall now read as follows:

 "(2)the Tribunal be composed of seven citizens composed of the current four citizen members of the Toronto Licensing Commission and three additional citizens appointed by Council through the Nominating Committee using specific qualification criteria appropriate to their duties;";

 (2)that the current Mayors designate on the Toronto Licensing Commission be appointed as an ex-officio member of the Emergency and Protective Services Committee;

 (3)that a Taxi Industry Advisory Committee, with staff support, that has equal representation from drivers and owners be established to advise the Emergency and Protective Services Committee; and

 (4)that the Chief Administrative Officer be requested to develop Terms of Reference, including the composition of the proposed Advisory Committee, and submit a report thereon to the Emergency and Protective Services Committee.

 The Special Committee to Review the Final Report of the Toronto Transition Team reports, for the information of Council, having requested the Chief Administrative Officer and the City Solicitor to submit a report directly to Council for its meeting scheduled to be held on May 13, 1998, on what the specific qualification criteria appropriate to the duties of Members of the Toronto Licensing Tribunal would be.

 The Special Committee to Review the Final Report of the Toronto Transition Team submits the following report (April 15, 1998) from the Chief Administrative Officer:

 Purpose:

 This report recommends the reorganization of the Licensing Commission functions.

 Financial Implications:

 There are no budgetary impacts.

 Recommendations:

 It is recommended that:

 (1)the Toronto Licensing Commission be continued as the Toronto Licensing Tribunal to conduct hearings as required under the Licensing By-law;

 (2)the Tribunal be composed of seven citizens appointed by Council through the Nominating Committee using specific qualification criteria appropriate to their duties;

 (3)the Tribunal organize itself into three panels of two members each and a Chair to act as alternate for any absent member;

 (4)the Tribunal report at least semi-annually to the Emergency and Protective Services Committee outlining any policy or administrative issues which need to be addressed by the Committee;

 (5)the City Clerk continue to provide secretariat services to the Tribunal and the City Solicitor report further on the provision of legal services;

 (6)the General Manager and staff of the existing Licensing Commission be integrated into the City administrative structure and the General Manager report to the Commissioner of Urban Planning and Development and continue to administer the issuance, renewal and suspension of licenses and advise on licensing policy and administrative issues;

 (7)the Emergency and Protective Services Committee, with the advice of staff and with the benefit of public input through deputations or other means, recommend new or revised licensing policies to Council;

 (8)the City Solicitor prepare the necessary By-laws to effect the restructuring of the Licensing Commission and prepare City By-laws to replace the by-laws of the existing Licensing Commission;

 (9)the Chief Administrative Officer, in consultation with the Commissioner of Urban Planning and Development and the General Manager of the Licensing Commission, report back to the Emergency and Protective Services Committee on the arrangements necessary to implement the transitioning of staff;

 (10)the City Clerk be authorized to begin the process of citizen appointments to the Toronto Licensing Tribunal;

 (11)the implementation of the restructuring with respect to policy matters and adjudicative functions be phased-in as follows:

 (a)effective immediately, all new licensing policy issues be forwarded to the Emergency and Protective Services Committee for consideration;

 (b)the current Licensing Commission continue to consider matters pertaining to the taxi industry until the recommendations of the Task Force for Reform of the Taxi Industry are considered by Council, after which such policy issues will be considered by the Emergency and Protective Services Committee; and

 (c)once the schedule for selection of citizens for the Licensing Tribunal is finalized, hearings for new cases be scheduled for the Tribunal and the current Licensing Commission will complete any hearings in progress; and

 (12)the appropriate officials be authorized to take the necessary actions to give effect thereto.

 Council Reference:

 At its meeting of January 2, 6, 8 and 9, 1998, City Council referred Recommendations Nos. (96), (99), and (128) of the Toronto Transition Team Report to the Mayor for a report on the structure of the Licensing Commission. The former Metro Council also considered this issue at its meeting of August 13, 1997, and approved the recommendations of the Human Services Committee as contained in an attachment to this report. The City=s Emergency and Protective Services Committee struck a Working Group, chaired by Councillor Fotinos, to consider the former Metro position and the recommendations of the Transition Team and forwarded recommendations to the Mayor. Following consultation with the Deputy Mayor, Chair of the Emergency and Protective Services Committee and Councillor Moscoe representing the Licensing Commission, the Mayor endorsed the direction proposed by the Working Group and requested that the Chief Administrators Office report on the actions necessary to effect this restructuring. This report recommends to the Special Committee a course of action which is essentially the direction outlined by the Working Group.

 Discussion:

 The Working Group=s position is consistent with the direction outlined in the Toronto Transition Team Report and the report adopted by the former Metro Council. The fundamental premise is that the policy development and adjudicative functions of the Commission should be separated. This means that policy should be developed and approved by accountable elected representatives of the people, while the quasi-judicial hearings process be conducted by non-partisan peers of the public (i.e.,  private citizens).

 The current Toronto Licensing Commission is a board that oversees the administration of the licensing function, recommends changes in policy and may establish some policies itself, and also adjudicates any cases which require hearings. In order to separate these functions, it is recommended that the General Manager and staff of the current Toronto Licensing Commission become staff of the City of Toronto and the commission be renamed the Toronto Licensing Tribunal which conducts hearings.

 The Toronto Licensing Tribunal would be comprised entirely of citizens appointed by Council recommended by the Nominating Committee. Specific qualifications should be developed in order to assist the Nominating Committee in selecting citizens who are qualified to carry out these specialized duties. The Working Group suggested that three panels of two members each could be scheduled to address the workload. However, it is necessary to ensure that hearings are not delayed due to absence of individual members. It is recommended that seven members be appointed including a Chair of the Tribunal who could act as an alternate for any absent members.

 The Tribunal would conduct hearings where applicants, their representatives, and others would appear before the Tribunal to present evidence and facts. However, deputations regarding policy or administrative issues would be presented to the Emergency and Protective Services Committee.

 The Tribunal, through the Chair, would report directly to the Emergency and Protective Services Committee and should report at least semi-annually to the Committee outlining any policy or administrative issues which need to be addressed by the Committee.

 The City Clerk would continue to provide the secretariat services necessary for the Tribunal. The City Solicitor should report further on how legal services should be provided for the Tribunal.

 The staff and General Manager of the existing Commission would become staff of the City of Toronto. The Executive Director of Human Resources and Amalgamation has advised that CUPE Local 79 represents both the Licensing Commission staff and a major portion of the former Metro clerical/technical staff. Labour Relations is already in the process of reviewing the many bargaining units and the impacts of amalgamation and would include this restructuring within the review process. The organization structure, compensation levels, and administrative linkages would also be considered within the context of the administrative restructuring for the City.

 The General Manager would report to the Commissioner of Urban Planning and Development and would continue to be responsible for the administration of the licensing functions and for advising on licensing policy issues as well as maintaining ongoing communication with the Tribunal.

 The Emergency and Protective Services Committee would be responsible for recommending to Council all policies and licensing by-law amendments.

 The City Solicitor advises that the existing Toronto Licensing Commission oversees By-law No. 20-85 of the former Municipality of Metropolitan Toronto and other By-laws enacted by the Commission itself. It will be necessary for Council to enact the latter and consolidate, amend or supplement these by-laws in the course of time.

 The City Solicitor has also advised that the City has the authority under Provincial Regulation 214/96 to make these structural changes to the Licensing Commission. A City By-law would be required to finalize the restructuring and there are a number of administrative details to be attended to. It is recommended that the City Solicitor draft the appropriate By-laws and the Chief Administrative Officer assign the appropriate staff to work with the Commissioner of Urban Planning and Development and the General Manager of the Licensing Commission in developing the necessary administrative details and report back to the Emergency and Protective Services Committee on the necessary arrangements and timing of this restructuring.

 It is also recommended that the City Clerk be authorized to begin the process of citizen appointments to the Toronto Licensing Tribunal.

 Several months may be required to complete the selection process for citizen. In addition, the Task Force for Reform of the Taxi Industry is scheduled to report within the next three months and it is desirable that the current Commission provide input to the Task Force. In order to maintain continuity while expediting the restructuring, a phased approach to implementing the transition for policy matters and adjudicative functions is recommended as follows:

 (a)effective immediately, all new licensing policy issues be forwarded to the Emergency and Protective Services Committee for consideration;

 (b)the current Licensing Commission continue to consider matters pertaining to the taxi industry until the recommendations of the Task Force for Reform of the Taxi Industry are considered by Council, after which such policy issues will be considered by the Emergency and Protective Services Committee; and

 (c)once the schedule for selection of citizens for the Licensing Tribunal is finalized, hearings for new cases be scheduled for the Tribunal and the current Licensing Commission will complete any hearings in progress.

 Conclusions:

 Three separate review processes undertaken by the former Metro Council, the Toronto Transition Team and the Emergency and Protective Services Working Group have concluded that the existing Toronto Licensing Commission be restructured to separate the administrative functions and the adjudicative functions. This report makes specific recommendations to approve this approach and set in motion the actions necessary to effect the restructuring in a phased manner.

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 The Special Committee to Review the Final Report of the Toronto Transition Team reports, for the information of Council, having also had before it during consideration of the foregoing matter the following communications:

 (a)(April 15, 1998) from Ms. Joanne Dileo, Chairman, Police Community Partnership - 13 Division, advising that the Police Community Partnership - 13 Division has been established for several years; that they are a group of concerned residents who have joined together with officers of 13 Division to try to deal with illegal activities within their boundaries; and strongly urging Members of Council to give consideration to placing the Toronto Licensing Commission under Council control; and

 (b)(April 15, 1998) from Councillor Betty Disero, Ward 21 Davenport, enclosing a copy of a communication from the Regal Heights Residents' Association respecting the Toronto Licensing Commission, such communication urging Members of Council to give careful consideration to placing under Council's direct control, those functions of the Toronto Licensing Commission that relate to the quality of life in their neighbourhoods.

 The following persons appeared before the Special Committee to Review the Final Report of the Toronto Transition Team in connection with the foregoing matter:

 -Mr. Eugene Meikle, Toronto Taxi Drivers Association;

 -Mr. Ian Allaby; and filed a written submission in regard thereto;

 -Mr. Lou Racz; and

 -Mr. Stephen Anemi.

 Councillor Dennis Fotinos, Davenport, also appeared before the Special Committee to Review the Final Report of the Toronto Transition Team in connection with the foregoing matter: