May 17, 1999

To:Planning and Transportation Committee

From:Commissioner, Urban Planning and Development Services

Subject:Delegation of City Clerk's Authority to Sign Statements as to Licensing Status

Purpose:

The purpose of this report is to provide the necessary authority to the City Solicitor to prepare and introduce into Council a by-law to permit the delegation of the authority to sign section 323 statements to the Commissioner of Urban Planning and Development Services, the Executive Director of Municipal Licensing and Standards, the Director of Municipal Licensing and Standards, and the Director of Taxis. The delegation of this signing authority will expedite the provision of such statements which are required as evidence in licensing prosecution proceedings.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications arising from this report.

Recommendations:

It is recommended that the City Solicitor be authorized to prepare and introduce into Council, a by-law delegating the authority to sign section 323 statements to the Commissioner of Urban Planning and Development Services, the Executive Director of Municipal Licensing and Standards, the Director of Municipal Licensing and Standards, and the Director of Taxis.

Council Reference/Background/History:

A large percentage of the charges issued by Municipal Licensing and Standards staff are charges against defendants for operating without a licence. In prosecuting that type of charge, one of the elements of the offence which must be proved is that the person charged did not hold a licence issued pursuant to the City's Licensing By-law. Another type of charge laid by staff is against licence holders for violating a requirement of the Licensing By-law. On those prosecutions, it is common to use licence information to prove the offender is licensed when licensing is an element of the offence.

Comments and/or Discussion and/or Justification:

Section 323 of the Municipal Act provides a simple procedure for proving that a defendant on a prosecution is or is not licensed. That section states,

s. 323For the purpose of any prosecution or proceeding under a by-law for licensing, regulating, governing, classifying or inspecting any trade, calling, business or occupation, a statement as to the licensing or non-licensing of any premises or person in respect of any trade, calling, business or occupation, purporting to be signed by the clerk of a municipality or of a regional or metropolitan municipality or by the chief administrative officer of a police services board or of a licensing commission, is, without proof of the office or signature of the said clerk or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in such prosecution or proceeding.

In trials of licensing charges the Legal Department has been using section 323 statements to prove that the defendant is or is not licensed. The statements presently being used are statements signed by the former General Manager, on the basis that the General Manager was the chief administrative officer of the Toronto Licensing Commission. Such statements are in hand for trials scheduled into the summer. However, sometime during the summer or early September there are trials scheduled for which statements will be required.

As a result of Council's decision and the new structure for the Municipal Licensing and Standards Division of the Urban Planning and Development Services Department, there is neither a licensing commission nor a chief administrative officer of a licensing commission. Therefore, if section 323 statements are to be used in future, they will need to be signed by the City Clerk unless the Clerk's authority is delegated. Given the very large number of certificates used annually on prosecutions and that each one must be a signed original, the City Clerk may find it expedient if her authority were delegated. Further, given that Municipal Licensing and Standards staff have actual custody and control of the licensing records, it would be appropriate that such a delegation should be to one or more senior staff in the division.

Section 102.1 of the Municipal Act permits Council to pass by-laws delegating administrative powers to staff. That section provides,

s. 102.1 (1)The council of a municipality may, by by-law, delegate to a committee of council or to an employee of the municipality any powers, duties or functions that are administrative in nature.

The authority to sign section 323 statements would appear to be a power or function which is administrative in nature.

Conclusions:

The by-law, if enacted, will delegate the authority to sign section 323 statements to the Commissioner of Urban Planning and Development Services, the Executive Director of Municipal Licensing and Standards, the Director of Municipal Licensing and Standards, and the Director of Taxis.

Contact Name:

Frank Weinstock, Manager

Policy and Transition Unit

Municipal Licensing and Standards

(tel.) 392-0404; (fax) 392-3821

James Ridge

Executive Director

Municipal Licensing and Standards