The filed record
Queensway Excavating and Landscaping Ltd. - Reconsideration of Disqualification from City Contracts for Fair Wage Policy Non-Compliance
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The decision
2020-07-28 · Toronto City Council · adopted
As filed
City Council on July 28 and 29, 2020, adopted the following: 1. City Council not disqualify Queensway Excavating and Landscaping Ltd. from conducting business with the City, despite the court-ordered reconsideration decision by the Fair Wage Office which found Queensway in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, given that the time between the May 2018 report and the report (June 22, 2020) from the Manager, Fair Wage Office, is equivalent to any disqualification period which might have been imposed for multiple instances of any Fair Wage Policy non-compliance.
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2. City Council direct that Confidential Attachment 1 to the report (June 19, 2020) from the City Solicitor remain confidential in its entirety, as it is about litigation or potential litigation that affects the City of Toronto and contains advice which is subject to solicitor-client privilege. Confidential Attachment 1 to the report (June 19, 2020) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice that is subject to solicitor-client privilege.
On the agenda
As the city filed it
Upon conclusion of a Judicial Review, Toronto's Fair Wage Office was ordered by the Divisional Court on October 15, 2019 to reconsider its decision to disqualify Queensway Excavating and Landscaping Ltd. (Queensway) for non-compliance with Toronto's Fair Wage Policy. The Fair Wage Office reconsideration is related directly to Government Management Committee Report, Item GM27.16 adopted by City Council on May 22, 2018 resulting in the disqualification of Queensway from bidding on City contracts for a period of two years.
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Report GM27.16 detailed that Queensway was non-compliant with the Fair Wage Policy in 2016 and 2018. In 2019-2020, the Fair Wage Office conducted a reconsideration of the 2018 Fair Wage decision with the proper notice and disclosure and provided Queensway with an opportunity to be heard as required by the Court. The reconsideration decision in February 2020 determined that Queensway was non-compliant with the City's Fair Wage Policy. This report recommends that Queensway not be disqualified from conducting business with the City of Toronto for a period of two years. This report further recommends that the time between the May 22, 2018 adoption of the Government Management Committee Report GM27.16 and this report, wherein Queensway was unable to bid on City contracts be deemed to be the equivalent of any disqualification period which might have been imposed for any Fair Wage Policy non-compliance.
Staff recommended
The Manager, Fair Wage Office recommends that: 1. City Council not disqualify Queensway Excavating and Landscaping Ltd. from conducting business with the City, despite the court-ordered reconsideration decision by the Fair Wage Office which found Queensway in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, given that the time between the May
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2018 report and this report is equivalent to any disqualification period which might have been imposed for multiple instances of any Fair Wage Policy non-compliance.
Considered
2020-07-07 · General Government and Licensing Committee · amended
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council not disqualify Queensway Excavating and Landscaping Ltd. from conducting business with the City, despite the court-ordered reconsideration decision by the Fair Wage Office which found Queensway in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, given that the time between the May 2018 report and the report (June 22, 2020) from the Manager, Fair Wage Office, is equivalent to any disqualification period which might have been imposed for multiple instances of any Fair Wage Policy non-compliance.
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2. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (June 19, 2020) from the City Solicitor [GL14.15a] remain confidential in its entirety, as it is about litigation or potential litigation that affects the City of Toronto and contains advice which is subject to solicitor-client privilege.
2020-07-28 · Toronto City Council · adopted
On the record
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