Item - 2011.PG9.11

Tracking Status

  • City Council adopted this item on February 6, 2012 with amendments.
  • City Council considered this item on November 29, 2011 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Planning and Growth Management Committee on November 8, 2011 and was adopted with amendments. It will be considered by City Council on November 29, 2011.

PG9.11 - Removing Toronto from the Jurisdiction of the Ontario Municipal Board (OMB) and Asking the Province of Ontario to Abolish the OMB - Motion MM11.7 Referred by City Council on September 21 and 22, 2011

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 6 and 7, 2012, adopted the following:

 

1.         City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to abolish the Ontario Municipal Board's (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.

 

2.         City Council recommend to the Provincial Government that the Ontario Municipal Board be structured with a panel comprised of residents of Toronto which would have exclusive jurisdiction over appeals arising from Toronto.

 

3.         City Council send a copy of this resolution to the Minister of Municipal Affairs and Housing, all local members of Provincial Parliament and Greater Toronto Area (GTA) municipalities.

 

4.         City Council support the request of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of its support in writing and offer of assistance to liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.

 

5.         Should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB's purview.

 

6.         City Council establish a Councillor-Staff Working Group to develop the structure and an implementation plan for an independent Appeal Panel to hear appeals of Committee of Adjustment decisions on Minor Variance and Consent Applications and that the City Manager be directed to report to the Executive Committee on amendments to the public appointments policy which clearly establish credentials required for membership on a Committee of Adjustment appeals body, as well as the Committee of Adjustment.

 

7.         City Council request the Working Group to consider the staff and financial resources requirements for the establishment of the Panel; the fee structure for Committee of Adjustment and Appeal Panel applications; the structure and size of the Panel; qualifications and criteria for appointment of members to the Panel.

 

8.         City Council request the Working Group to report back in the first quarter of 2012 to the Planning and Growth Management Committee with a draft proposal for the establishment and implementation of the Panel and to seek public comment on the proposal.

 

9.         City Council direct the City Manager to report directly to City Council on the provincial requirements and process for appointment to and membership on the Ontario Municipal Board (OMB).

Background Information (Committee)

(September 23, 2011) Member Motion regarding the Ontario Municipal Board
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-41974.pdf

Background Information (City Council)

Communications (Committee)

(October 26, 2011) E-mail from John and Nora Freund (PG.New.PG9.11.1)
(October 26, 2011) E-mail from Joan Dirstein (PG.New.PG9.11.2)
(October 26, 2011) E-mail from Geills M. Turner (PG.New.PG9.11.3)
(October 26, 2011) E-mail from Michael Bock (PG.New.PG9.11.4)
(October 26, 2011) E-mail from Michael Bock (PG.Supp.PG9.11.4)
(October 27, 2011) E-mail from Chris McLeod (PG.New.PG9.11.5)
(October 27, 2011) E-mail from Emerson Stephens (PG.New.PG9.11.6)
(October 27, 2011) E-mail from Patricia Jensen (PG.New.PG9.11.7)
(October 27, 2011) E-mail from John N. Turner (PG.New.PG9.11.8)
(October 28, 2011) E-mail from Lorne Morphy (PG.New.PG9.11.9)
(October 28, 2011) E-mail from Roslyn Harris (PG.New.PG9.11.10)
(October 28, 2011) E-mail from Mary Helen Spence (PG.Supp.PG9.11.11)
(October 28, 2011) E-mail from Hartley Levine (PG.New.PG9.11.12)
(October 31, 2011) E-mail from Alexander Mair (PG.New.PG9.11.13)
(October 31, 2011) E-mail from Oliver Collins (PG.New.PG9.11.14)
(November 1, 2011) E-mail from John Plumadore (PG.New.PG9.11.15)
(November 1, 2011) E-mail from Helena Tetley (PG.New.PG9.11.16)
(November 3, 2011) E-mail from Jim Barr (PG.New.PG9.11.17)
(November 3, 2011) E-mail from Shirley Morriss (PG.New.PG9.11.18)
(November 3, 2011) E-mail from Joan Boggs (PG.New.PG9.11.19)
(November 4, 2011) E-mail from Donna Wakefield, Deer Park Residents Association (PG.New.PG9.11.20)
(November 6, 2011) E-mail from Geoff Kettel and Peter Baker, Co-Chairs, FoNTRA (PG.New.PG9.11.21)
(November 6, 2011) E-mail from Andrew Horberry (PG.New.PG9.11.22)
(November 4, 2011) E-mail from Suzanne Kavanagh, President, St. Lawrence Neighbourhood Association (PG.New.PG9.11.23)
(November 7, 2011) E-mail from Janet Mairs (PG.New.PG9.11.24)
(November 5, 2011) E-mail from Alan and Joan Dubros (PG.New.PG9.11.25)
(November 7, 2011) E-mail from Gee Chung, President, The Greater Yorkville Residents' Association (PG.New.PG9.11.26)
(November 7, 2011) E-mail from Richard Warner, North St. James Town Working Group (PG.New.PG9.11.27)
(November 7, 2011) E-mail from Norman Waite, Bay Cloverhill Community Association (PG.New.PG9.11.28)
(November 7, 2011) E-mail from Richard MacFarlane (PG.New.PG9.11.29)
(November 7, 2011) E-mail from Susanne Palmer and Wayne Drewry (PG.New.PG9.11.30)
(November 7, 2011) E-mail from Lydia Levin, Co-Vice Chair, Eglinton Park Residents' Association (PG.New.PG9.11.31)
(November 8, 2011) E-mail from John Burt, The Bloor East Neighbourhood Association (PG.New.PG9.11.32)
(November 7, 2011) E-mail from Michael B. Lowe, Version International Inc. (PG.New.PG9.11.33)
(November 7, 2011) E-mail from Larry Webb, Corktown Residents & Business Association (PG.New.PG9.11.34)
(November 8, 2011) Submission from Robert Fabian (PG.New.PG9.11.35)
(November 8, 2011) E-mail from Eileen Denny, Teddington Park Residents Association Inc. (PG.New.PG9.11.36)

Communications (City Council)

(November 17, 2011) E-mail from Richard Warner (CC.Main.PG9.11.37)
(November 25, 2011) E-mail from Geoff Kettel and Peter Baker, Co-Chairs, FoNTRA (CC.Supp.PG9.11.38)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-27633.pdf
(November 28, 2011) Letter from William H. Roberts, Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.PG9.11.39)
(November 28, 2011) Letter from Eileen Denny, President, Teddington Park Residents Association (CC.New.PG9.11.40)
(November 30, 2011) Submission from Councillor Gloria Lindsay Luby, Municipal World Article, entitled "Proposed City of Toronto Local Appeal Body" (CC.New.PG9.11.41)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-27636.pdf
(February 2, 2012) Letter from Danielle Chin, Municipal Government Advisor, Building a Greater Toronto (BILD) (CC.Supp.PG9.11.42)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-28398.pdf
(February 6, 2012) Submission from Councillor Wong-Tam, Ward 27 - Toronto Centre-Rosedale, Toronto Star article entitled "Minister supports bid to free Toronto from OMB" (CC.New.PG9.11.43)
(February 2, 2012) Letter from Danielle Chin, Municipal Government Advisor, Building a Greater Toronto (BILD) submitted by Deputy Mayor Doug Holyday, Ward 3 - Etobicoke Centre (CC.New.PG9.11.44)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-28424.pdf

Motions (City Council)

1 - Motion to Refer Item moved by Deputy Mayor Doug Holyday (Lost)

That the Item be referred to the Chief Planner and Executive Director, City Planning for consideration and the Chief Planner be direct to report back to Planning and Growth Management Committee, in consultation with City Manager and City Solicitor.

Vote (Refer Item) Feb-06-2012 11:16 AM

Result: Lost Majority Required - PG9.11 - Holyday - motion 1
Total members that voted Yes: 10 Members that voted Yes are Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, John Parker, Jaye Robinson
Total members that voted No: 29 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 6 Members that were absent are Shelley Carroll, Josh Colle, Mark Grimes, Gloria Lindsay Luby, Ron Moeser, Karen Stintz

2 - Motion to Amend Item moved by Councillor John Filion (Withdrawn)

That City Council delete Planning and Growth Management Committee Recommendation 1 and replace it with the following:

 

1.         City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to restrict appeals to the Ontario Municipal Board (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act to appeals based on the appellants' contention that the municipality is not complying with its approved Official Plan. 


Motion to Withdraw a Motion moved by Councillor John Filion (Carried)

That motion 2 by Councillor Filion be withdrawn.

Vote (Withdraw a Motion) Feb-06-2012 2:44 PM

Result: Carried Majority Required - PG9.11 - Filion - Withdraw motion 2
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are David Shiner
Total members that were Absent: 9 Members that were absent are Gary Crawford, Doug Ford, Rob Ford, Gloria Lindsay Luby, Denzil Minnan-Wong, Ron Moeser, John Parker, James Pasternak, Michael Thompson

3 - Motion to Amend Item (Additional) moved by Councillor John Parker (Carried)

That City Council recommend to the Provincial Government that the Ontario Municipal Board be structured with a panel comprised of residents of Toronto which would have exclusive jurisdiction over appeals arising from Toronto.

Vote (Amend Item (Additional)) Feb-06-2012 2:45 PM

Result: Carried Majority Required - PG9.11 - motion 3 - Parker
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are John Filion, Doug Holyday, Giorgio Mammoliti
Total members that were Absent: 8 Members that were absent are Gary Crawford, Doug Ford, Rob Ford, Gloria Lindsay Luby, Denzil Minnan-Wong, Ron Moeser, John Parker, Michael Thompson

4a - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council amend Planning and Growth Management Committee Recommendation 5 by adding the following:

 

"and that the City Manager be directed to report to the Executive Committee on amendments to the public appointments policy which clearly establish credentials required for membership on a Committee of Adjustment appeals body, as well as the Committee of Adjustment."

Vote (Amend Item (Additional)) Feb-06-2012 2:47 PM

Result: Carried Majority Required - PG9.11 - Fletcher - motion 4a
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Doug Holyday, Giorgio Mammoliti, Frances Nunziata (Chair), James Pasternak, David Shiner
Total members that were Absent: 7 Members that were absent are Gary Crawford, Doug Ford, Rob Ford, Gloria Lindsay Luby, Ron Moeser, John Parker, Michael Thompson

4b - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council direct the City Manager to report directly to City Council on the provincial requirements and process for appointment to and membership on the Ontario Municipal Board (OMB).

Vote (Amend Item (Additional)) Feb-06-2012 2:48 PM

Result: Carried Majority Required - PG9.11 - Fletcher - motion 4b
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Giorgio Mammoliti, Peter Milczyn
Total members that were Absent: 6 Members that were absent are Doug Ford, Rob Ford, Gloria Lindsay Luby, Ron Moeser, John Parker, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-06-2012 2:49 PM

Result: Carried Majority Required - PG9.11 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Mike Del Grande, Frank Di Giorgio, Doug Holyday, Norman Kelly, Giorgio Mammoliti
Total members that were Absent: 6 Members that were absent are Doug Ford, Rob Ford, Gloria Lindsay Luby, Ron Moeser, John Parker, Michael Thompson

a - Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Fletcher's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Feb-06-2012 11:46 AM

Result: Carried Majority Required - PG9.11 - Extend Councillor Fletcher's speaking time
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Raymond Cho, Josh Colle, Vincent Crisanti, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Doug Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 18 Members that were absent are Maria Augimeri, Ana Bail„o, Shelley Carroll, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, John Filion, Doug Ford, Mary Fragedakis, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Ron Moeser, James Pasternak, David Shiner, Karen Stintz, Michael Thompson

b - Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Mammoliti's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Feb-06-2012 11:54 AM

Result: Carried Majority Required - PG9.11 - Extend Councillor Mammoliti's speaking time
Total members that voted Yes: 24 Members that voted Yes are Michelle Berardinetti, Raymond Cho, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Doug Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Paul Ainslie, Janet Davis, Sarah Doucette, Mary Fragedakis, Mark Grimes, Adam Vaughan
Total members that were Absent: 15 Members that were absent are Maria Augimeri, Ana Bail„o, Shelley Carroll, Gary Crawford, John Filion, Paula Fletcher, Rob Ford, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Gord Perks, David Shiner

c - Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Perruzza's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Feb-06-2012 12:02 PM

Result: Carried Majority Required - PG9.11 - Extend Councillor Perruzza's speaking time
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Ana Bail„o, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Paul Ainslie, Doug Ford, Mark Grimes
Total members that were Absent: 18 Members that were absent are Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, John Filion, Rob Ford, Mary Fragedakis, Norman Kelly, Gloria Lindsay Luby, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan

PG9.11 - Removing Toronto from the Jurisdiction of the Ontario Municipal Board (OMB) and Asking the Province of Ontario to Abolish the OMB - Motion MM11.7 Referred by City Council on September 21 and 22, 2011

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on November 29, 30 and December 1, 2011, deferred consideration of Item PG9.11 to the next regular City Council meeting on February 6 and 7, 2012 or to a special meeting called by the Mayor to consider the items remaining on the agenda.

City Council Decision Advice and Other Information

City Council on December 1, 2011 adopted a motion to defer any remaining Items on the agenda to the next regular meeting of City Council on February 6 and 7, 2012 or to a special meeting called by the Mayor for that purpose.

 

The following Items were subsequently deferred:

 

Planning and Growth Management Committee Item PG9.11

Public Works and Infrastructure Committee Item PW9.5

Public Works and Infrastructure Committee Item PW9.10

New Business Item CC14.7, and

Member Motion MM14.28

Background Information (Committee)

(September 23, 2011) Member Motion regarding the Ontario Municipal Board
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-41974.pdf

Communications (Committee)

(October 26, 2011) E-mail from John and Nora Freund (PG.New.PG9.11.1)
(October 26, 2011) E-mail from Joan Dirstein (PG.New.PG9.11.2)
(October 26, 2011) E-mail from Geills M. Turner (PG.New.PG9.11.3)
(October 26, 2011) E-mail from Michael Bock (PG.New.PG9.11.4)
(October 26, 2011) E-mail from Michael Bock (PG.Supp.PG9.11.4)
(October 27, 2011) E-mail from Chris McLeod (PG.New.PG9.11.5)
(October 27, 2011) E-mail from Emerson Stephens (PG.New.PG9.11.6)
(October 27, 2011) E-mail from Patricia Jensen (PG.New.PG9.11.7)
(October 27, 2011) E-mail from John N. Turner (PG.New.PG9.11.8)
(October 28, 2011) E-mail from Lorne Morphy (PG.New.PG9.11.9)
(October 28, 2011) E-mail from Roslyn Harris (PG.New.PG9.11.10)
(October 28, 2011) E-mail from Mary Helen Spence (PG.Supp.PG9.11.11)
(October 28, 2011) E-mail from Hartley Levine (PG.New.PG9.11.12)
(October 31, 2011) E-mail from Alexander Mair (PG.New.PG9.11.13)
(October 31, 2011) E-mail from Oliver Collins (PG.New.PG9.11.14)
(November 1, 2011) E-mail from John Plumadore (PG.New.PG9.11.15)
(November 1, 2011) E-mail from Helena Tetley (PG.New.PG9.11.16)
(November 3, 2011) E-mail from Jim Barr (PG.New.PG9.11.17)
(November 3, 2011) E-mail from Shirley Morriss (PG.New.PG9.11.18)
(November 3, 2011) E-mail from Joan Boggs (PG.New.PG9.11.19)
(November 4, 2011) E-mail from Donna Wakefield, Deer Park Residents Association (PG.New.PG9.11.20)
(November 6, 2011) E-mail from Geoff Kettel and Peter Baker, Co-Chairs, FoNTRA (PG.New.PG9.11.21)
(November 6, 2011) E-mail from Andrew Horberry (PG.New.PG9.11.22)
(November 4, 2011) E-mail from Suzanne Kavanagh, President, St. Lawrence Neighbourhood Association (PG.New.PG9.11.23)
(November 7, 2011) E-mail from Janet Mairs (PG.New.PG9.11.24)
(November 5, 2011) E-mail from Alan and Joan Dubros (PG.New.PG9.11.25)
(November 7, 2011) E-mail from Gee Chung, President, The Greater Yorkville Residents' Association (PG.New.PG9.11.26)
(November 7, 2011) E-mail from Richard Warner, North St. James Town Working Group (PG.New.PG9.11.27)
(November 7, 2011) E-mail from Norman Waite, Bay Cloverhill Community Association (PG.New.PG9.11.28)
(November 7, 2011) E-mail from Richard MacFarlane (PG.New.PG9.11.29)
(November 7, 2011) E-mail from Susanne Palmer and Wayne Drewry (PG.New.PG9.11.30)
(November 7, 2011) E-mail from Lydia Levin, Co-Vice Chair, Eglinton Park Residents' Association (PG.New.PG9.11.31)
(November 8, 2011) E-mail from John Burt, The Bloor East Neighbourhood Association (PG.New.PG9.11.32)
(November 7, 2011) E-mail from Michael B. Lowe, Version International Inc. (PG.New.PG9.11.33)
(November 7, 2011) E-mail from Larry Webb, Corktown Residents & Business Association (PG.New.PG9.11.34)
(November 8, 2011) Submission from Robert Fabian (PG.New.PG9.11.35)
(November 8, 2011) E-mail from Eileen Denny, Teddington Park Residents Association Inc. (PG.New.PG9.11.36)

Communications (City Council)

(November 17, 2011) E-mail from Richard Warner (CC.Main.PG9.11.37)
(November 25, 2011) E-mail from Geoff Kettel and Peter Baker, Co-Chairs, FoNTRA (CC.Supp.PG9.11.38)
https://www.toronto.ca/legdocs/mmis/2011/cc/comm/communicationfile-27050.pdf
(November 28, 2011) Letter from William H. Roberts, Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.PG9.11.39)
(November 28, 2011) Letter from Eileen Denny, President, Teddington Park Residents Association (CC.New.PG9.11.40)
(November 30, 2011) Submission from Councillor Gloria Lindsay Luby, Municipal World Article, entitled "Proposed City of Toronto Local Appeal Body" (CC.New.PG9.11.41)
https://www.toronto.ca/legdocs/mmis/2011/cc/comm/communicationfile-27105.pdf

Motions (City Council)

Motion to Defer Item moved by Councillor Paul Ainslie (Carried)

That City Council defer any remaining items on the agenda to the next regular meeting on February 6 and 7, 2012 or to a special meeting called by the Mayor for that purpose.

Vote (Defer Item) Dec-01-2011 7:47 PM

Result: Carried Majority Required - Defer remaining items
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, Jaye Robinson
Total members that voted No: 16 Members that voted No are Maria Augimeri, Shelley Carroll, Glenn De Baeremaeker, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Janet Davis, Frank Di Giorgio, Sarah Doucette, Chin Lee, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, David Shiner, Karen Stintz, Michael Thompson

PG9.11 - Removing Toronto from the Jurisdiction of the Ontario Municipal Board (OMB) and Asking the Province of Ontario to Abolish the OMB - Motion MM11.7 Referred by City Council on September 21 and 22, 2011

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to abolish the Ontario Municipal Board's (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.

 

2.         City Council send a copy of this resolution to the Minister of Municipal Affairs and Housing, all local members of Provincial Parliament and Greater Toronto Area (GTA) municipalities.

 

3.         City Council support the request of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of its support in writing and offer of assistance to liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.

 

4.         Should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB's purview.

 

5.         City Council establish a Councillor-Staff Working Group to develop the structure and an implementation plan for an independent Appeal Panel to hear appeals of Committee of Adjustment decisions on Minor Variance and Consent Applications;

 

6.         City Council request the Working Group to consider the staff and financial resources requirements for the establishment of the Panel; the fee structure for Committee of Adjustment and Appeal Panel applications; the structure and size of the Panel; qualifications and criteria for appointment of members to the Panel; and

 

7.         City Council request the Working Group to report back in the first quarter of 2012 to the Planning and Growth Management Committee with a draft proposal for the establishment and implementation of the Panel and to seek public comment on the proposal.

Origin

(September 23, 2011) Letter from City Council

Summary

City Council on September 21 and 22, 2011, referred Motion MM11.6 to the Planning and Growth Management Committee.

 

Municipal councils in Ontario are directly elected by their constituents, and have general responsibility for land use planning in the public interest.
 
Since the establishment of the Ontario Municipal Board (OMB) in 1906—initially as the Ontario Railway and Municipal Board—it has evolved from an approval authority into an appeal body in matters of land use planning. As municipal councils developed increasingly sophisticated expertise and resources over decades, they have become qualified and better equipped to make informed and prudent decisions.
 
Toronto City Council is advised and informed by an established and experienced full-time Planning Department staffed with accredited professionals, and is capable of making decisions in the public interest.
 
City Councillors are eager to adopt the responsibilities their constituents expect of them. Councillors have the benefit of ongoing engagement with the communities they represent, and extensive knowledge of local issues, opinions and needs both large and small, on which they base their decisions.
 
City Councillors and the planning staff's ability to plan is undermined if applicants calculate that it is in their interests to treat City processes as a mere formality en route to an OMB hearing. Although many applicants are fair and reasonable in their dealings with the City, the OMB appeal process is not conducive to fostering good-faith negotiations and efforts. 
 
The current OMB hearing process is too cumbersome, too expensive, too time-consuming and too legalistic to facilitate wide-ranging citizen participation and is therefore unfair to the local residents as well as the community at large.
 
The current OMB process is also a drain on City Planning and Legal resources. Great urban planning is about looking forward using planning documents/guidelines/frameworks with the benefit of past professional experience, and this should be what planners should spend their time doing.  Instead, much of their time is spent defending appeals based on personal or private interests to the OMB. This situation also creates a disincentive for the City to appeal its own decisions, even where they are correct and in the public interest. All these matters impinge on the City's ability to meet its obligations to its constituents, including applicants expecting responses to their proposals.
 
The OMB tends to act as an arbitrator between the public and private interests, a function more suited to the Courts, which are a more appropriate venue for legal disputes.
 
The Planning Act treats appeals of municipal planning decisions to the OMB as de novo hearings and allows the OMB to substitute its decisions for those taken by democratically elected councils, generally having little regard for the public interest as expressed through these councils.
 
The Ontario Divisional Court held in the decision Minto Communities Inc.  v. the City of Ottawa that the OMB's powers on appeal of municipal planning decisions have not been altered by the requirement that it consider municipal decisions.
 
The Ontario Divisional Court has stated that a "more clear and specific expression of legislative intent" would be required to change the traditional role and practices of the OMB.
 
Certain planning matters respecting land severance applications and minor variances heard by the Committee of Adjustment, as well as heritage designations established by Council, are also subject to appeal to the OMB.
 
It is manifestly undemocratic for an appointed board such as the OMB to substitute its opinions for the considered judgment of elected councillors and professional city staff on matters affecting municipalities in which the councillors and city staff will continue to live and in which the OMB has no ongoing presence.
 
Furthermore, on June 22, 2011, the Council of the City of Mississauga voted unanimously to abolish the OMB.

Background Information

(September 23, 2011) Member Motion regarding the Ontario Municipal Board
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-41974.pdf

Communications

(October 26, 2011) E-mail from John and Nora Freund (PG.New.PG9.11.1)
(October 26, 2011) E-mail from Joan Dirstein (PG.New.PG9.11.2)
(October 26, 2011) E-mail from Geills M. Turner (PG.New.PG9.11.3)
(October 26, 2011) E-mail from Michael Bock (PG.New.PG9.11.4)
(October 26, 2011) E-mail from Michael Bock (PG.Supp.PG9.11.4)
(October 27, 2011) E-mail from Chris McLeod (PG.New.PG9.11.5)
(October 27, 2011) E-mail from Emerson Stephens (PG.New.PG9.11.6)
(October 27, 2011) E-mail from Patricia Jensen (PG.New.PG9.11.7)
(October 27, 2011) E-mail from John N. Turner (PG.New.PG9.11.8)
(October 28, 2011) E-mail from Lorne Morphy (PG.New.PG9.11.9)
(October 28, 2011) E-mail from Roslyn Harris (PG.New.PG9.11.10)
(October 28, 2011) E-mail from Mary Helen Spence (PG.Supp.PG9.11.11)
(October 28, 2011) E-mail from Hartley Levine (PG.New.PG9.11.12)
(October 31, 2011) E-mail from Alexander Mair (PG.New.PG9.11.13)
(October 31, 2011) E-mail from Oliver Collins (PG.New.PG9.11.14)
(November 1, 2011) E-mail from John Plumadore (PG.New.PG9.11.15)
(November 1, 2011) E-mail from Helena Tetley (PG.New.PG9.11.16)
(November 3, 2011) E-mail from Jim Barr (PG.New.PG9.11.17)
(November 3, 2011) E-mail from Shirley Morriss (PG.New.PG9.11.18)
(November 3, 2011) E-mail from Joan Boggs (PG.New.PG9.11.19)
(November 4, 2011) E-mail from Donna Wakefield, Deer Park Residents Association (PG.New.PG9.11.20)
(November 6, 2011) E-mail from Geoff Kettel and Peter Baker, Co-Chairs, FoNTRA (PG.New.PG9.11.21)
(November 6, 2011) E-mail from Andrew Horberry (PG.New.PG9.11.22)
(November 4, 2011) E-mail from Suzanne Kavanagh, President, St. Lawrence Neighbourhood Association (PG.New.PG9.11.23)
(November 7, 2011) E-mail from Janet Mairs (PG.New.PG9.11.24)
(November 5, 2011) E-mail from Alan and Joan Dubros (PG.New.PG9.11.25)
(November 7, 2011) E-mail from Gee Chung, President, The Greater Yorkville Residents' Association (PG.New.PG9.11.26)
(November 7, 2011) E-mail from Richard Warner, North St. James Town Working Group (PG.New.PG9.11.27)
(November 7, 2011) E-mail from Norman Waite, Bay Cloverhill Community Association (PG.New.PG9.11.28)
(November 7, 2011) E-mail from Richard MacFarlane (PG.New.PG9.11.29)
(November 7, 2011) E-mail from Susanne Palmer and Wayne Drewry (PG.New.PG9.11.30)
(November 7, 2011) E-mail from Lydia Levin, Co-Vice Chair, Eglinton Park Residents' Association (PG.New.PG9.11.31)
(November 8, 2011) E-mail from John Burt, The Bloor East Neighbourhood Association (PG.New.PG9.11.32)
(November 7, 2011) E-mail from Michael B. Lowe, Version International Inc. (PG.New.PG9.11.33)
(November 7, 2011) E-mail from Larry Webb, Corktown Residents & Business Association (PG.New.PG9.11.34)
(November 8, 2011) Submission from Robert Fabian (PG.New.PG9.11.35)
(November 8, 2011) E-mail from Eileen Denny, Teddington Park Residents Association Inc. (PG.New.PG9.11.36)

Speakers

Chris Keating, Deer Park Residents Association
Donna Wakefield, Secretary, Deer Park Residents Association
Naomi St. John, Director, Eglinton Park Residents' Association
Robert Fabian
Jayme Turney, Executive Director, Toronto Public Space Initiative
Joan Dubros, Deer Park Residents Association
Jeremy Gawen, Jeremy Gawen, Moore Park Residents' Association
Eileen Denny, President, Teddington Park Residents Association Inc.
Virginia Baldwin, Resident of Yorkville, Greater Yorkville Residents and Ratepayers Association
Mike Coll
Councillor Josh Matlow
Councillor Kristyn Wong-Tam

Motions

1 - Motion to Amend Item moved by Councillor Peter Milczyn (Carried)

That:

 

1.         the Planning and Growth Management Committee establish a Councillor-Staff Working Group to develop the structure and an implementation plan for an independent Appeal Panel to hear appeals of Committee of Adjustment decisions on Minor Variance and Consent Applications;

 

2.         the Working Group consider the staff and financial resources requirements for the establishment of the Panel ; the fee structure for Committee of Adjustment and Appeal Panel applications; the structure and size of the Panel -qualifications; and criteria for appointment of members to the Panel; and

 

3.         the Working Group report back in the first quarter of 2012 to the Planning and Growth Management Committee with a draft proposal for the establishment and implementation of the Panel and to seek public comment on the proposal.


2 - Motion to Amend Item moved by Councillor Adam Vaughan (Carried)

That:

 

1.         City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act and the Heritage Act and the City of Toronto Act to abolish Ontario Municipal Board (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.

 

2.         City Council send a copy of this resolution to the Minister of Municipal Affairs and Housing, all local members of Provincial Parliament and Greater Toronto Area (GTA) municipalities.

 

3.         City Council support the request of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of its support in writing and offer of assistance to liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.

 

4.         Should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB's purview.


3 - Motion to Amend Item moved by Councillor Adam Vaughan (Redundant)

That the item be adopted with the following amendments:

 

1.         Recommendation 1 be deleted and replaced with the following:

 

"City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act and the Heritage Act and the City of Toronto Act to abolish Ontario Municipal Board jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act."

 

2.         Recommendation 3 be deleted.

Source: Toronto City Clerk at www.toronto.ca/council