Amendments to By-law No. 20-85 -

Staff Restructuring

The Emergency and Protective Services Committee recommends the adoption of the following report (April 19, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends technical amendments to By-law No. 20-85, the Licensing By-law, to permit the day to day administrative licensing functions to continue without legal impediment. The need for these amendments arises from the restructuring of the licensing activities and the integration of the administrative licensing functions into the Municipal Licensing and Standards Division of the Urban Planning and Development Services Department.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications arising from this report.

Recommendation:

It is recommended that:

(1)By-law No. 20-85, the Licensing By-law, be amended by:

(a)deleting the words "General Manager" wherever they appear in the Licensing By-law and inserting in lieu the words "Executive Director";

(b)deleting the words "Manager of Issuing" wherever they appear in the Licensing By-law and inserting in lieu the words "Executive Director or his or her designate";

(2)these amendments come into force retroactive to March 15, 1999; and

(3)the appropriate authority be granted to introduce the necessary Bill in Council to give effect thereto.

Council Reference/Background/History:

In May 1998, Council adopted the recommendations of the Special Committee to Review the Final Report of the Toronto Transition Team for the separation of the quasi-judicial and administrative functions of the former Metro Licensing Commission. As a result, a separate Licensing Tribunal was created. Subsequently, the administrative licensing functions were integrated into the Urban Planning and Development Services Department as part of the Municipal Licensing and Standards Division.

Comments and/or Discussion and/or Justification:

The current wording in By-law No. 20-85, the Licensing By-law, refers to an organizational and staffing structure that no longer exists. The proposed amendment is necessary to permit the day to day administrative licensing functions to continue without legal impediment.

Under the current wording of the Licensing By-law, the General Manager and Manager of Issuing are responsible for activities essential to the administration of By-law No. 20-85. The By-law gives the General Manager the legislative authority to carry out a number of duties, including:

-signing of all licences issued and notices of licence revocation;

-suspending of the licence for vehicles that have failed an inspection;

-notifying of drivers and owners who have been struck from the taxicab waiting list; and

-suspending of the licences of horse-drawn vehicles and pedicabs without proper insurance.

Similarly, the Manager of Issuing is granted the authority to:

-investigate to ensure licence applicants comply with by-law requirements;

-notify applicants of a hearing if an investigation reveals grounds to deny their application; and

-issue interim taxicab plates to replace lost or damaged plates.

As a result of restructuring, the position of General Manager and Manager of Issuing no longer exist. The legislative authority granted to these positions needs to be reassigned to the new officers of Municipal Licensing and Standards. The proposed by-law amendments reassign the legislative authority to reflect the new structure. The duties of the General Manager are assigned to an Executive Director, who reports directly to the Commissioner of Urban Planning and Development Services and has assumed responsibility for the administration of the licensing function. The duties of the Manager of Issuing are assigned to the Executive Director or his or her designate.

The proposed reassignment of responsibilities will be retroactive to March 15, 1999. This reflects the date that the Executive Director assumed responsibility for the administrative functioning of the Licensing By-law.

A complete review of the Licensing By-law to address additional technical matters that were created by the separation of the quasi-judicial and the administrative functions is presently underway and a comprehensive package of amendments will be forthcoming upon completion of the review.

Conclusion:

This report recommends amending By-law 20-85, the Licensing By-law, to permit the day to day administrative licensing functions to continue without legal impediment.

Contact Name:

James Ridge

Executive Director

Municipal Licensing and Standards

Tel: 397-4634/Fax: 392-3821