Applications to the Chief Judge of

the Provincial Court for Set Fines

The Strategic Policies and Priorities Committee recommends the adoption of the following report (February 11, 1999) from the City Solicitor:

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:

It is recommended that:

(1)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; and

(2)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