Item - 2013.CC30.5

Tracking Status

  • City Council adopted this item on February 20, 2013 with amendments.

CC30.5 - Enbridge Pipeline Inc. Application to Reverse Pipeline 9B, Increase Capacity and Carry Heavy Crude - Options for City of Toronto Participation

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 20 and 21, 2013, adopted the following:

 

1.         City Council direct City staff to continue to review the Enbridge application and any further supporting materials and attempt to resolve any concerns by requesting additional information from Enbridge.

 

2.         City Council authorize the City Solicitor to apply to the National Energy Board (NEB) to allow the City of Toronto to participate in the proceedings either through a written submission or as an intervenor in relation to any unresolved concerns.

 

3.         City Council direct that the funds as outlined in Confidential Attachment 1 to the report (February 11, 2013) from the City Solicitor be available to obtain such assistance as necessary in the opinion of the City Solicitor to represent the City's interest at the NEB.

 

4.         City Council direct that the City continue to liaise with other municipalities, and Conservation Authorities to discuss cooperation in the presentation of issues before the NEB.

 

5.         If the City becomes an intervenor, City Council authorize the City Solicitor to withdraw the City intervention if issues of concern have been resolved to the satisfaction of the City Solicitor in consultation with the Environment and Energy Office.

 

6.         City Council authorize City staff to take steps as necessary to support the City Solicitor in the review of the application and presentation of any City issues to the NEB.

 

7.         City Council direct the City Solicitor, in consultation with Toronto Water, to advise the Ontario Ministry of the Environment of any unresolved concerns relating to the Enbridge application and implications for the proposed CTC Source Water Protection Plan.

 

8.         City Council direct that Confidential Attachment 1 to the report (February 11, 2013) from the City Solicitor remain confidential until the release of the final decision of the NEB including appeals or judicial review.

 

9.         City Council direct the City Solicitor to provide an update report to Council at its July 16 and 17, 2013 meeting, with the status of the City's issues and how those issues have or have not been resolved.

 

Confidential Attachment 1 to the report (February 11, 2013) from the City Solicitor remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation that affects the City.  Confidential Attachment 1 to the report (February 11, 2013) from the City Solicitor will be made public once the final decision of the NEB, including appeals or judicial review, is released.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on February 20, 2013, and considered confidential information on this Item as pertains to litigation or potential litigation that affects the City.

Confidential Attachment - Potential litigation that affects the City

Background Information (City Council)

(February 11, 2013) Report from the City Solicitor on Enbridge Pipeline Inc. Application to Reverse Pipeline 9B, Increase Capacity and Carry Heavy Crude - Options for City of Toronto Participation (CC30.5)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-56193.pdf
(February 11, 2013) Confidential Attachment 1

Communications (City Council)

(February 20, 2013) E-mail from David Simmons (CC.New.CC30.5.1)

Motions (City Council)

Report of Committee of the Whole

 February 20, 2013 - 7:23 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC30.5 - Enbridge Pipeline Inc. Application to Reverse Pipeline 9B, Increase Capacity and Carry Heavy Crude - Options for City of Toronto Participation.  No motions were moved during the closed session.  Council would now proceed with the public debate on the Item.


1 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That City Council direct the City Solicitor to provide an update report to Council at its July 16 and 17, 2013 meeting, with the status of the City's issues and how those issues have or have not been resolved.

Vote (Amend Item (Additional)) Feb-21-2013 9:30 PM

Result: Carried Majority Required - CC30.5 - Filion - motion 1
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Raymond Cho, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Chin Lee, Giorgio Mammoliti, Ron Moeser, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-21-2013 9:31 PM

Result: Carried Majority Required - CC30.5 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Raymond Cho, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Chin Lee, Giorgio Mammoliti, Ron Moeser, David Shiner, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council