The City recognizes that City services and programs, including most services and programs delivered through City agencies, are subject to the oversight of the City’s Accountability Officers. It is the Accountability Officers’ role to be an objective and independent check on the City’s activities and hold the administrative and legislative arms of the City government accountable. The policy builds on this recognition by establishing procedures for the prevention of political interference in the APS.
The policy is not intended to prevent or limit the ability of Members of Council to request information about the APS or its implications for the City or to participate in the penalty notice review process under Toronto Municipal Code Chapter 610 as a recipient of a Penalty Notice.
The policy serves to prevent political interference in the administration of the APS.
Ontario Regulation 611/06, Administrative Penalties, which applies to parking violations, requires the establishment of a policy for the prevention of political interference in relation to the APS to minimize and restrict opportunities for political interference, intentionally and unintentionally. Although Ontario Regulation 355/22, Administrative Penalties for Contraventions Detected Using Camera Systems, which applies the red light camera and automated speed enforcement violations, does not have the same requirement, this policy is being implemented for these violations as well as a best practice.
This policy applies to all Members of Council, as well as other City officials and employees in relation to their interaction with the APS. This policy also applies to Screening Officers, Hearing Officers, and all City officials and employees involved in the administration of APS.
“APS” – means the Administrative Penalty System.
“City” – means the City of Toronto.
“Council” – means Toronto City Council.
“Penalty Notice” – has the same meaning as set out in Toronto Municipal Code Chapter 610.
“Hearing Officer” – has the same meaning as set out in Toronto Municipal Code Chapter 610.
“Reprisal” – means any measure taken or threatened as a direct result of disclosing or being suspected of disclosing an allegation of wrongdoing, initiating or co-operating in an investigation into an alleged wrongdoing and includes but is not limited to:
“Screening Officer” – has the same meaning as set out in Toronto Municipal Code Chapter 610.
“Violation” – has the same meaning as set out in Toronto Municipal Code Chapter 610.
No Member of Council shall attempt, directly or indirectly, to influence employees including Screening Officers, Hearing Officers, or other individuals in the administration of the APS or a decision related to a Penalty Notice.
All Members of Council shall be provided with a copy of this policy.
This policy shall be included in the orientation for all Members of Council at the start of a new term of Council, as well as in the orientations for Screening Officers and Hearing Officers and for all City officials and employees who are involved in the administration of the APS.
If a City employee involved in the administration of the APS is contacted by a Member of Council, and the employee believes that this constitutes an attempt at political influence, the employee must report the contact to their supervisor/manager who will in turn report to the Division Head or their designate. On receipt of that report, the Division Head or their designate may request that the Integrity Commissioner investigate the matter as a possible contravention of the Conduct for Members of Council.
If a Hearing Officer is contacted by a Member of Council, and the Hearing Officer believes that this constitutes an attempt to influence a decision in relation to a Penalty Notice or the administration of the APS, the Hearing Officer must report the contact to the Chair. On receipt of that report, if the Chair believes that contact constitutes an attempt to influence a decision in relation to a Penalty Notice or the administration of the APS, the Chair may request that the Integrity Commissioner investigate the matter as a possible contravention of the Code of Conduct for Members of Council.
The Integrity Commissioner may take whatever action the Integrity Commissioner considers appropriate, pursuant to the powers and duties assigned to the Integrity Commissioner under Part V of the City of Toronto Act, 2006, including investigating the matter and reporting to Council with their recommendations.
No person shall take a reprisal against a City employee or other individual performing duties related to the administration of the APS because the employee or individual:
(1) Has sought information or advice about making a disclosure about wrongdoing contrary to this policy;
(2) Has made a disclosure about wrongdoing contrary to this policy in good faith;
(3) Has initiated or co-operated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy;
(4) Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so;
(5) Has alleged or reported a reprisal; or
(6) Is suspected of any of the above actions.
The identity of an employee or other individual performing duties related to the administration of the APS involved in an investigation, including the identity of an individual alleging political influence contrary to this policy, will be protected to the fullest extent possible.
If an employee believes they have suffered reprisal, this should be reported in accordance with Toronto Municipal Code Chapter 192.
Any person may bring a contravention of this Policy to the attention of City Solicitor or the Director, Court Services.
This policy is administered by the Director of Court Services and the City Solicitor.
Questions or comments about this policy, including reports of contraventions of the policy that are not otherwise addressed in the policy, can be made to:
Director of Prosecutions, Legal Services, care of:
APS Screening Office
55 John Street, Metro Hall 3rd floor
Toronto, ON
M5V3C6
Executive Director, Court Services, care of:
92 Front Street East, 3rd floor
Toronto, ON
M5E0G2