Attachment 1 – Administrative Penalty Tribunal
Decision Body profile
The Administrative
Penalty Tribunal was established to provide an independent review of
administrative penalties (e.g. parking, licensing, traffic, etc.) that are assessed
to individuals. This independent quasi-judicial tribunal reviews the decisions
of Screening Officers and has the authority to affirm, reduce, or cancel administrative
penalties based on the merits of the case.
The Tribunal
is a local board of the City established under the City of Toronto Act, 2006 and hearings will be
conducted in accordance with the Statutory Powers Procedure Act, 1990.
Tribunal responsibilities
Administrative
Penalty Tribunal public members serve as Hearing Officers and have the
following responsibilities:
· Reviewing materials
filed with each application they hear;
· Conducting mediations, where
appropriate;
· Presiding over hearings
and rendering decisions based on the information presented;
· Attending business
meetings; and
· Attending training
sessions, as required.
In
addition to the above responsibilities for public members, the Chair of the
Tribunal has the following responsibilities:
· Ensuring that the
Tribunal's hearing practices are fair and effective;
· Ensuring quality and
consistency of the Tribunal's decisions;
· Acting as the
Tribunal's lead representative and spokesperson;
· Obtaining external
legal advice, as needed;
· Preparing the Annual
Report to Toronto City Council on the Tribunal's activities;
· Chairing the Tribunal's
Business Meetings;
· Liaising with City
staff on administrative support matters;
· Coordinating member
training and professional development; and
· Responding to
information- and privacy-related matters respecting the Tribunal.
Each
hearing is conducted by one public member/Hearing Officer.
Term of office
The term
of office for public members is four years, and public members serve until
their successors are appointed.
Composition
The
Administrative Penalty Tribunal consists of 25 public members who serve as
Hearing
Officers, one of whom serves as the Chair. City Council appoints the Tribunal's
Chair.
Eligibility criteria
In
addition to the eligibility requirements set out in the Public Appointments
Policy, public members must satisfy the following additional eligibility
requirements:
· Cannot be former
Members of Council who served in the immediately preceding term of City Council;
and/or
· Cannot act as an agent
for applicants before the Administrative Penalty Tribunal and other City
administrative tribunals (e.g., the Committee of Adjustment, the Compliance
Audit Committee, the Property Standards Committee/Fence Viewers, the Rooming
House Licensing Commissioner and Deputy Commissioner, the Sign Variance
Committee, the Toronto Licensing Tribunal, the Toronto Local Appeal Body, etc.)
and would be required to resign from the Tribunal before doing so; and/or
· Cannot act as agents
for applicants or individuals appearing in Provincial Offences Court.
Qualifications
Administrative
Penalty Tribunal public members should collectively have the following skills,
experience, and expertise:
· Experience in
adjudication and mediation;
· Knowledge and
experience with the City of Toronto's traffic and parking by-laws;
· Excellent listening
skills and the ability to analyze complex information received;
· Sound judgement, tact,
fairness, and decorum;
· Ability to write
clearly and concisely;
· Demonstrated high
ethical standards and integrity;
· Ability to work under
pressure to ensure timely hearing decisions; and/or
· Respect for access to
justice, diversity, and accommodation.
In
addition to the above qualifications for public members, the Chair of the Administrative
Penalty Tribunal should bring the following skills, experience, and expertise:
· Demonstrated leadership
and administrative skills;
· Highly developed
chairing and facilitation skills;
· Demonstrated ability to
work effectively with others;
· Knowledge of access to information
and privacy legislation; and
· The ability to
effectively represent the Tribunal and communicate with Toronto City Council,
City committees, the media, and the general public.
Candidates
may be required to write a written test to help assess their competencies for
the Tribunal.
Meetings
The
Administrative Penalty Tribunal's hearings and business meetings will take
place during weekdays during business hours. Public members will be required to
conduct hearings 2-3 days per week or 6-12 days per month. Hearings are
expected to last approximately 7 hours and will begin at 8:30 a.m. and finish
at 4:30 p.m.
The
Tribunal will meet at a permanent meeting location, which is currently under
construction and expected to be ready by December 2017, located at 40 Orchard
View Boulevard, just north of Yonge Street and Eglinton
Avenue. Initially, the Tribunal will operate in a
temporary meeting location which will be identified in the coming weeks.
Remuneration
Administrative
Penalty Tribunal public members will receive:
· $350 per diem for full
day hearings or mediations;
· $250 for half day
hearings or mediations;
· $200 for attending
business meetings; and
· $50 for written
decisions including reasons.
In
addition to receiving the above remuneration for public members, the Chair will
receive $18,000 annually.
Public
members will not be reimbursed for their transportation and parking costs.
Relevant links
o Staff
Report on Administrative Penalty System for Parking Violations - Revised
Implementation Date
o Staff
Report on Administrative Penalty System for Parking Violations