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A presentation to: The International Association of Transportation Regulators September 19, 2005. Agenda. What are they? Objectives Considerations and implications Caveats. What are licensing thresholds?.
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A presentation to: The International Association of Transportation Regulators September 19, 2005
Agenda • What are they? • Objectives • Considerations and implications • Caveats
What are licensing thresholds? • Thresholds provide comprehensive and consistent criteria for issuing, revoking, and placing conditions on licences; • Thresholds provide transparent criteria, accessible to all licensees, applicants, and the public at large; • Thresholds provide a framework for accountability to City Council; and • Accountability is reinforced by the provision and distribution of written decisions from the Tribunal.
Objectives • To systematically ensure that licences are not issued to individuals with a history that is inconsistent with the operation of the business in question; • Eliminate the discretion of staff in making such determinations (i.e., greater public transparency); and • Reinforcing Tribunal accountability.
Overview • Thresholds allow staff to make determinations as to whether to issue a licence based on current by-law compliance (zoning, property standards by-laws, etc.), in addition to the offence histories of the applicants as a predictor of future behaviour.
Overview • Thresholds in Toronto are divided into two schedules, each outlining different criteria as appropriate to different types of business categories: (i) vehicular businesses; and (ii) stationary businesses.
Overview • The thresholds themselves identify types of offences (i.e., restriction codes) and involve primarily: • Criminal offences relating to violent and sexual offences, drug offences, fraud, et cetera; • Highway Traffic Act offences (particularly relating to mobile businesses, e.g. taxis, tow trucks, etc.); • Municipal by-law offences (e.g., zoning, noise, property standards, etc.).
Overview • The assessment of whether to refuse or approve an application, in the context of a history of offences, is based on the types of offences, the number and/or frequency of offences, and the time elapsed since the offence or offences took place.
Considerations and implications • From a policy perspective: • What does the municipality hope to achieve? • Will thresholds add substantive value? • Are the thresholds appropriate? • What will be the impact of thresholds?
Considerations and implications • From a legal perspective: • Are there any legal constraints? • Are there any potential loopholes?
Considerations and implications • From an operations perspective: • How will thresholds be implemented? • Are additional resources required to properly implement? • Is there proper support (e.g., training for staff)? • Is there access to all the information required?
Considerations and implications • From a systems perspective: • How will the required data be captured? • How will violations be tracked? • Are there any hardware or software integration issues?
Caveats • Staff discretion • Wording and format • Thresholds versus administrative suspensions
A presentation to: The International Association of Transportation Regulators September 19, 2005