May 19, 1999
To:Planning and Transportation Committee
From:City Clerk
Subject:Body Shops/Automobile Service Centres - Regulation of Hours of Operation
Recommendations:
The Emergency and Protective Services Committee on May 18, 1999:
(1)referred to the Planning and Transportation Committee for consideration the
concept of harmonization of all by-laws pertaining to the zoning and hours of operation
of body shops/automobile service centres, car washes and similar operations, referred to
in the attached reports, communications and briefs; and
(2)requested that the Planning and Transportation Committee give special attention to
establishing a separate classification to define autobody shops in Licensing By-law
No.20-85.
Background:
The Emergency and Protective Services Committee had before it the following reports,
communications and briefs:
(i)(May 5, 1999) from the Commissioner of Urban Planning and Development Services
responding to the request of the Committee on February 9, 1999, to report further with respect
to the regulation of hours of operation of body shops/automobile service centres, and on the
results of a canvassing of the Members of Council with respect to any problems in their wards
as a result of hours of operation of such shops/service centres; and recommending that:
(1)should the Committee wish to recommend that the hours of operation of body shops,
automobile services centres, car washes and similar operations located within residential
zones or within 122 metres of residential zones be limited to 7:00 a.m. to 9:00 p.m. (Monday
to Friday inclusive) and 9:00 a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor, in
consultation with the Commissioner of Urban Planning and Development Services, be
authorized to prepare and introduce in Council a by-law to amend Schedule 24 of By-law No.
20-85 (the Licensing By-law); and
(2)prior to the introduction of the bill in Council, this matter be scheduled for public
deputations before the Emergency and Protective Services Committee, or any successor
committee, at its next meeting;
(ii)(January 22, 1999) from the Commissioner of Urban Planning and Development Services
recommending that:
(1)the report of the City Solicitor, entitled "Body Shops/Automobile Service Centres -
Regulation of Hours of Operation/Ventilation," be amended to increase the prohibited area in
which body shops/auto service centres cannot locate to within 122metres of a residential zone;
and
(2)East York By-law No. 112-92 be rescinded;
(iii)(November 25, 1998) from the City Solicitor recommending that:
(1)should the Committee wish to recommend that the hours of operation of public garages
used as car washes, motor vehicle repair shops and automobile service stations located within
a residential zone or within 100 metres of a residential zone be restricted to prohibit their
operation except between the hours of 7:00 a.m. and 9:00 p.m. (Monday to Friday) and 9:00
a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor be authorized to prepare and
introduce in Council an amendment in substantially the form attached to this report to amend
Schedule 24 of Licensing By-law No. 20-85;
(2)the Commissioner of Urban Planning and Development Services be requested to prepare
a report to the Emergency and Protective Services Committee concerning the impact of these
amendments on Chapter 199 of the City of Toronto Municipal Code and East York By-law
No.112-92, which impose early closing hours on gasoline outlets also potentially affected by
the amendments proposed in this report, to be considered at the next meeting of the
Committee;
(3)prior to the introduction of any bills in Council, this matter be scheduled for public
deputations before the Emergency and Protective Services Committee at its meeting with
appropriate notice of the meeting to be advertised and given to affected licensees; and
(4)the General Manager of the Toronto Licensing Commission be directed to provide a
60-day "grace period" prior to enforcing any by-law which may be passed by Council against
affected licensees;
(iv)(December 29, 1998) from Mr. Bill Davis, Director, Government Relations, The Ontario
and Toronto Automobile Dealers' Association, requesting the opportunity to address the
Emergency and Protective Services Committee on restricting the hours of operation of the
auto repair service centres and body shops;
(v)(January 18, 1999) from Mr. John Norris, spokesperson, Collision Industry Action
Group, on behalf of the Toronto Collision Repair Society, requesting the opportunity to appear
before the Emergency and Protective Services Committee on restricting the hours of operation
of the auto repair service centres and body shops;
(vi)(February 8, 1999) from Mr. Lawrence Eisenberg, President, The Toronto Taxicab
Owners and Operators Association;
(vii)(February 8, 1999) from Ms. Victoria A. Masnyk, Swansea Area Ratepayers
Association;
(viii)(February 8, 1999) from Mr. V.R. Braun, Ripley Area Residents Group; and
(ix)(February 9, 1999) from Mr. Mike Wines, Independent Auto Repairer's Association.
The following persons appeared before the Emergency and Protective Services Committee in
connection with the foregoing matter:
-Ms. Victoria Masnyk, Swansea Area Ratepayers Association, and submitted a brief in
regard thereto, as well as a brief from Mr. V.R. Braun, Ripley Area Residents Group;
-Mr. Andrew Paton, Q.C., on behalf of the Canadian Petroleum Products Institute;
-Mr. John Norris, on behalf of the Collision Industry Action Group;
-Councillor John Adams, Toronto-Midtown; and
-Councillor Mike Tzekas, Scarborough-Wexford.
City Clerk
R. Dyers/lv
Item No. 3
Sent to:Planning and Transportation Committee
Commissioner of Urban Planning and Development Services
Executive Director, Municipal Licensing and Standards
City Solicitor
May 5, 1999
To:Emergency and Protective Services Committee
From:Commissioner, Urban Planning and Development Services
Subject:Body Shops/Automobile Service Centres - Regulation of Hours of Operation
Purpose:
To report, as requested by Committee at its meeting of February 9, 1999, on the results of a
canvassing of the Members of Council as to specific locations of Body Shops/Automobile
Service Centres they may have within their Wards which are creating problems as a result of
their hours of operation.
Financial Implications and Impact Statement:
NIL
Recommendations:
It is recommended that:
- should the Committee wish to recommend that the hours of operation of body shops,
automobile services centres, car washes and similar operations located within residential
zones or within 122 metres of residential zones be limited to 7:00 a.m. and 9:00 p.m.
(Monday to Friday inclusive) and 9:00 a.m. to 6:00 p.m. (Saturday and Sunday), the City
Solicitor, in consultation with the Commissioner of Urban Planning and Development
Services, be authorized to prepare and introduce in Council a by-law to amend Schedule 24
of By-law No. 20-85 (the Licensing By-law).
- prior to the introduction of the bill in Council, this matter be scheduled for public
deputations before the Emergency and Protective Services Committee, or any successor
committee, at its next meeting.
Background/History:
At its meeting of February 9, 1999, the Committee referred the matter of the regulation of
hours of operation for body shop/automobile service centres back to the Commissioner in
order that staff may canvass Members of Council to identify and review specific problems that
Councillors may have, to see if there are alternative solutions to address such problems.
Comments and/or Discussion and/or Justification:
The request for information was circulated to the Members of Council on April 26, 1999. The
primary concerns identified relate to the parking/storage of vehicles associated with the use.
These are issues that need to be addressed through more vigorous enforcement of the on and
off street parking requirements, and the parking and storage provisions within the multitude of
zoning by-laws across the City.
Additionally, the Municipal Licensing and Standards Division is actively pursuing a
franchisor and franchisee of a major gasoline company apparently operating contrary to the
provisions of Chapter 199 of Municipal Code of the former City of Toronto.
If Committee and Council, as stated in the Report of the City Solicitor dated November 25,
1998, wishes to address the issue of hours of operation of these establishments, the most
expeditious method to achieve the objective would be to amend Schedule 24 of By-law No,
20-85 to restrict the hours of operation of the offending businesses where they directly impact
upon residential neighbourhoods.
Concurrent with the adoption of the new provisions, it would be appropriate to repeal Chapter
199 of the Municipal Code of the former City of Toronto, and By-law 112-92 of the former
Borough of East York.
Conclusion:
The net effect of the adoption of the amendments to Schedule 24 of By-law No. 20-85 and the
repeal of Chapter 199 of the Toronto Municipal Code and East York By-law 112-92 would be
to impose restrictions on the hours of operation of body shops/automobile service centres
within 122 metres of residential zones in the former municipalities of North York,
Scarborough, York, and Etobicoke where none previously existed; maintain the status quo in
the former City of Toronto; and ease the restriction within the former East York.
Contact Name:
Frank Weinstock, Manager
Policy and Transition Unit
Municipal Licensing and Standards
392-0404 (tel); 392-0677 (fax)
James Ridge
Executive Director
Municipal Licensing and Standards
January 22, 1999
To:Emergency and Protective Services Committee
From:Commissioner, Urban Planning and Development Services
Subject:Body Shops/Automobile Service Centres--Regulation of Hours of Operation
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications with this report.
Recommendations:
That the report of the City Solicitor entitled Body Shops/Automobile Service Centres -
Regulation of Hours of Operation/Ventilation be amended to increase the prohibited area in
which body shops/auto service centres cannot locate to within 122 metres of a residential
zone.
That East York By-law 112-92 be rescinded.
Background:
At the meeting of December 1, 1998 Emergency and Protective Services Committee had for
its consideration a report from the City Solicitor regarding the regulation of the hours of
operation of public garages and car washes. The Committee requested a report from the
Commissioner of Urban Planning and Development Services regarding the impact of this
report on Chapter 199 of the City of Toronto Municipal Code and East York By-law 112-92.
The City of Toronto regulations restrict the hours of operation of all retail gasoline outlets
which are within 122 metres of a residential district. The recommendation of 100 metres in the
City Solicitor's report could eliminate some currently regulated sites. Amending the
Solicitor's report to expand the prohibited area to 122 metres will provide all residential areas
with the optimum of protection and will not disrupt existing conditions in the previous City of
Toronto.
East York By-law 112-92 restricts the hours of operation for the retail sale of gasoline subject
to individual exemptions that were approved by Council. If the recommendation regarding
distance is approved any location with potential to negatively impact the residential areas will
be captured in the distance provisions. Both residents and industry participants will benefit
from a precise definition of the restricted area.
Contact Name and Telephone Number:
Carol Ruddell-Foster, General Manager
Toronto Licensing, 392-3070
Reviewed by:
James RidgeVIRGINIA M. WEST
Executive DirectorCommissioner
Municipal Licensing and StandardsUrban Planning and Development Services
November 25, 1998
To:Emergency and Protective Services Committee
From: H.W.O. Doyle, City Solicitor
Subject:Body Shops/Automobile Service Centres - Regulation of Hours of
Operation/Ventilation
Purpose:
To report as requested by the Emergency and Protective Services Committee at its meeting of
September 8, 1998, as amended at its meeting of October 6, 1998, on restricting the hours of
operation of body shop garages and automobile service centres and the effect which such
amendments will have upon the present regulation of working conditions.
I have also been directed to include within my report comments with respect to car washes in
residential areas.
Funding Sources, Financial Implications and Impact Statement:
Not Applicable.
Recommendations:
It is recommended that:
(1)should the Committee wish to recommend that the hours of operation of public garages
used as car washes, motor vehicle repair shops and automobile service stations located within
a residential zone or within 100 metres of a residential zone be restricted to prohibit their
operation except between the hours of 7:00 a.m. and 9:00 p.m. (Monday to Friday) and 9:00
a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor be authorized to prepare and
introduce in Council an amendment in substantially the form attached to this report to amend
Schedule 24 of Licensing By-law No. 20-85.
(2)the Commissioner of Urban Planning and Development be requested to prepare a report to
your Committee concerning the impact of these amendments on Chapter 199 of the City of
Toronto Municipal Code and East York By-law No. 112-92, which impose early closing hours
on gasoline outlets also potentially affected by the amendments proposed in this report, to be
considered at the next meeting of the Committee.
(3)prior to the introduction of any bills in Council, this matter be scheduled for public
deputations before the Emergency and Protective Services Committee at its next meeting with
appropriate notice of the meeting to be advertised and given to affected licensees.
(4)that the General Manager of the Toronto Licensing Commission be directed to provide a
60 day "grace period" prior to enforcing any by-law which may be passed by Council against
affected licensees.
Background:
At its meeting of September 8, 1998, the Emergency and Protective Services Committee had
before it a communication (July 24, 1998) from Councillor Frances Nunziata recommending
that Legal Services and Toronto Licensing Commission staff be directed to draft a by-law to
prohibit auto service centre and body shop garages, as a condition of their licence, from
performing any body work or vehicle repairs between the hours of 9:00 p.m. and 7:00 a.m.
Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m. on Saturday and
Sunday. The Committee therefore requested that the City Solicitor and the General Manager,
Toronto Licensing Commission, report back to the Committee as soon as possible.
Subsequently, the Committee again considered this issue at its meeting of October 6, 1998
and further amended its action to further prohibit operation between the hours of 6:00 p.m.
and 9:00 a.m. on Saturday and Sunday. The Committee also:
(1)referred the matter to the City Solicitor and the General Manager, Toronto Licensing, for a
report thereon to the next meeting of the Committee to be held on November 3, 1998, such
report to include information on regulations governing working conditions for these
establishments and the effect of this proposal on working conditions; and
(2)requested that the foregoing report also include car washes in residential areas.
I have consulted the General Manager in the preparation of this report with respect to the
various policy issues raised by the Committee's request and her comments are contained in
this report.
Comments and/or Discussion and/or Justification:
(a)Legal Authority: I understand that the intent behind the Committee's request is to restrict
the operation of certain classes of public garages to those hours as set out in the Committee's
request in order to minimize their disruption of adjacent residential areas. Section 257.1 of the
Municipal Act now provides municipalities with the general power to licence, regulate and
govern any business carried on within the municipality. Under section 257.2, this power also
includes the specific authority to define separate classes of businesses, and restrict the hours of
operation of a business as a condition of obtaining, holding or renewing a licence. The
municipality may also exempt any licence holder from all or any part of the by-law.
Therefore, should your Committee wish to restrict the hours of operation of these businesses
only where they directly impact upon residents, licensees not operating a public garage
located within or adjacent to a residential zone could be exempted from this portion of the
by-law.
(b)Hours of Operation: A review of Licensing By-law No. 20-85 shows that "body shops"
and "auto service centres" are governed by the regulations contained in Parts 1, 4 and 5 of
Schedule 24 as public garages used as "motor vehicle repair shops" and "automobile service
stations".
With respect to public garages used as car wash establishments, Part 3 of Schedule 24 will
need to be amended to impose restrictions on the hours of operation for car washes located
within or adjacent to residential areas.
(c)Conflict with Pre-existing By-laws: At the present time, no restrictions on the hours of
operation for these classes of public garage exist within Licensing By-law No. 20-85.
However, there is separate authority under the Municipal Act which allows municipalities to
restrict the hours of operation of "retail gasoline outlets" where gasoline is offered for sale by
retail along with other services. By-laws presently exist for both the former City of Toronto
(Municipal Code Chapter 199) and former City of East York (By-law No. 112-92) which
restrict the hours of gasoline outlets to 7 a.m. to 7 p.m. only.
In the East York area, all outlets are restricted, subject to Council granting permission to allow
the outlet to remain open beyond the restricted hours.
In the Toronto area, the restriction applies to all outlets which are within approximately 122
metres (400 feet) of a residential district. Outlets located outside of this distance and which
abut on a former Metro road or a City arterial street as listed in the by-law would be
automatically exempted. As well, exemptions exist for emergency permits (i.e. 24 hour
stations) and outlets selling natural gas. Hours on Sunday are not restricted under the present
Toronto provisions.
The definition of "public garage" as contained in By-law No. 20-85 shows that it includes a
place where "gasoline or oils are stored or kept for sale" and would therefore include those
businesses which provide gasoline in addition to repairs. Any new amendments should
therefore either supersede these previous regulations or acknowledge them so as to avoid a
conflict.
I am therefore recommending that the Commissioner of Urban Planning and Development be
requested to prepare a report to your Committee concerning the impact of the attached by-law
amendments on these bylaws, to be considered at its meeting respecting the proposed
amendments.
(d)Definition of Residential Areas: Consideration must be given to defining the criteria
whereby public garages shall become subject to the proposed operating hours restriction. It is
proposed that businesses be restricted where they are located in a residential zone or within a
certain distance of a residential zone. A residential zone shall be defined as "a residential zone
or residential district established by a zoning by-law of the City". The General Manager has
indicated that 100 metres should be sufficient for the purposes of designating those businesses
adjacent to a residential zone which shall be subject to the new restrictions.
In the event that your Committee wishes to proceed with these initiatives, I have prepared a
draft by-law to amend Schedule 24 which is attached to this report.
Given the impact which this change in regulation will have upon the operation of present
licensees, it is recommended that this matter be scheduled for public deputations before the
Emergency and Protective Services Committee at its next meeting.
(e)Working Conditions/Ventilation: Schedule 24 currently contains the following
requirements:
1.The applicant for a licence must satisfy the Issuing Supervisor that the Ministry of Labour
has approved the ventilation facilities for any part of a building where motor vehicles are to be
stored or repaired.
2.Where the spray-painting of vehicles is to take place, the applicant must provide proof of
all required approvals under the Environmental Protection Act.
3. Engines of motor vehicles shall not be permitted to run within buildings unless adequate
ventilation is provided to ensure the dilution of carbon monoxide fumes.
The General Manager therefore advises that no further amendment of the Schedule is
necessary.
Conclusions:
In the event that your Committee wishes to recommend the implementation of restrictions on
the hours of operations of certain public garages, it is recommended that public deputations be
heard by the Committee at its next meeting to consider by-law amendments in substantially
the form attached to this report to amend Schedule 24 of Licensing By-law No. 20-85, and
that notice of the meeting be advertised and given to affected licensees.
It is also recommended that the Commissioner of Urban Planning and Development be
requested to report to the Committee for that meeting with respect to the impact of the
proposed amendments on Chapter 199 of the City of Toronto Municipal Code and East York
By-law No. 112-92.
Contact Name:
Edward Earle
Legal Services
397-4058
H.W.O. Doyle
City Solicitor
DRAFT BY-LAW
Authority:Emergency and Protective Services Report ( ),
and , 1998
Intended for first presentation to Council: , 1998
Adopted by Council: , 1998
CITY OF TORONTO
Bill No.
BY-LAW No.
To amend By-law No. 20-85, being "A By-law respecting the licensing, regulating and
governing of trades, callings, businesses and occupations in the Metropolitan Area", a
by-law of the former Municipality of Metropolitan Toronto, to restrict the hours of
operation of certain classes of public garage.
WHEREAS, by the Municipal Act, the Council of the City may restrict the hours of operation
of a business as a condition of obtaining, holding or renewing a business licence and may
impose special conditions upon a business which may be different from those imposed on
other businesses within that class; and
WHEREAS City Council has determined that it is desirable that the hours of operation of
certain classes of public garage and automobile service stations located within the City of
Toronto be restricted;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Schedule 24 to By-law No. 20-85, being "A By-law respecting the licensing, regulating
and governing of trades, callings, businesses and occupations in the Metropolitan Area", a
by-law of the former Municipality of Metropolitan Toronto, as amended, is further amended
by:
(1)Adding the following sections to Part 1:
5.No person licensed under this Part shall operate, or permit the operation of, any public
garage, except between the hours of 7:00 a.m. and 9:00 p.m., Monday to Friday, and 9:00 a.m.
and 6:00 p.m., Saturday and Sunday.
6.Section 5 shall not apply to any person operating, or permitting the operation of, a public
garage which is not located in, or within 100 metres of, a residential zone or district
established by a zoning by-law of the City of Toronto.
(2)Adding the following subsections to section 5 of Part 3:
(8)No person licensed under this Part shall operate, or permit the operation of, any public
garage used as a car wash establishment, except between the hours of 7:00 a.m. and 9:00 p.m.,
Monday to Friday, and 9:00 a.m. and 6:00 p.m., Saturday and Sunday.
(9)Subsection (8) shall not apply to any person operating, or permitting the operation of, a
public garage used as a car wash establishment which is not located in, or within 100 metres
of, a residential zone or district established by a zoning by-law of the City of Toronto.
(3)Adding the following sections to Part 4:
7.No person licensed under this Part shall operate, or permit the operation of, a public
garage or automobile service station, except between the hours of 7:00 a.m. and 9:00 p.m.,
Monday to Friday, and 9:00 a.m. and 6:00 p.m., Saturday and Sunday.
8.Section 7 shall not apply to any person operating, or permitting the operation of, a public
garage or automobile service station which is not located in, or within 100 metres of, a
residential zone or district established by a zoning by-law of the City of Toronto.
ENACTED AND PASSED this day of , A.D. 1998.
MEL LASTMANNOVINA WONG
MayorCity Clerk