H.W. Osmond Doyle, LL.B., LL.M.
City Solicitor
Legal Services
100 Queen Street West
14th Floor, West Tower, City Hall
Toronto ON M5H 2N2
Tel: (416) 392-8047
Fax: (416) 392-1017 or 392-0005
February 11, 1999
To:Strategic Policies and Priorities Committee
From:H.W.O. Doyle, City Solicitor
Subject:Applications to the Chief Judge of the Provincial Court for Set Fines
Purpose:
To establish a policy for the new City of Toronto respecting set fine applications, to seek
authority to apply for set fines and to seek increases in set fines from time to time.
Funding Sources, Financial Implications and Impact Statement:
None
Recommendations:
1.That the City Solicitor be granted authority to apply from time to time to the Chief Judge
of the Provincial Court for the establishment of set fines under the Provincial Offences Act,
for violations of by-laws of the new City of Toronto and of the municipalities that were
amalgamated to form the new City, where the Court has not previously established set fines,
and that the City Solicitor in consultation with the appropriate City staff, determine the
amount of the set fine to be requested from the Chief Judge.
2.That the City Solicitor be granted authority to apply from time to time to the Chief
Judge of the Provincial Court for increases in the set fines established under the Provincial
Offences Act for City of Toronto by-laws, to amounts which more accurately reflect the
seriousness of the violation at the time of the application, such amounts to be determined by
the City Solicitor in consultation with the appropriate City staff.
Council Reference/Background/History:
The Provincial Offences Act provides for the establishment of "set fines" for any offence
created by municipal by-law. These "set fines" are established by the Chief Judge of the
Provincial Court upon recommendation from the Attorney-General. Prior to amalgamation,
the former area municipalities and Metro applied for and received approval for the
establishment of set fines for violations of many of the offences contained in municipal
by-laws. The establishment of set fines allows for easier enforcement of offences since
offence notices (i.e. tickets) may be issued by the enforcement officer to the alleged violator.
This is an expeditious procedure permitted under the Act. The alternative, proceeding by way
of laying an information, requires attendance at court, and is a time consuming and less
efficient process.
Comments and/or Discussion and/or Justification:
The maximum set fine which can be established under the Provincial Offences Act is $500.00.
The actual amount of the set fine is within the discretion of the Chief Judge. As a matter of
practice, the City prepares an application for a set fine to the Attorney-General, and the
Attorney-General makes a recommendation to the Chief Judge as to what is felt to be an
appropriate amount for the set fine. In some cases, the amount recommended by the
Attorney-General and established by the Chief Judge is less than that suggested by the City in
its applications. The Attorney-General and Chief Judge try to follow the principle in
establishing set fines, of keeping the amount of the fines for similar offences, relatively the
same from municipality to municipality.
Conclusions:
I am proposing that I be delegated the authority to make applications for the establishment of
and increase in set fines, to amounts which are appropriate in my opinion in the
circumstances, for the violation of the City's by-laws. Before making such applications, I
would consult with the appropriate City staff responsible for the policies implemented in the
by-laws, to help determine the amount for suggested set fines.
Contact Name:
Jane Speakman
Solicitor
392-1563
H.W.O. Doyle
City Solicitor
Legal Services
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