Item - 2014.CC50.9

Tracking Status

  • City Council adopted this item on April 1, 2014 with amendments.

CC50.9 - National Energy Board Decision on Enbridge Line 9B Application - Emergency Response Capacity

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council direct the City Solicitor to write to the Federal Minister of Natural Resources requesting immediate implementation of proposed regulations announced by the Government of Canada that will require companies operating major crude oil pipelines to have a minimum of $1 billion in financial capacity.

 

2.         City Council request the Premier, the Minister of Energy and the Minister of the Environment to follow-up on any outstanding concerns not addressed in the National Energy Board decision on Line 9B and further, to advise that the City supports any actions undertaken by the Province to ensure the outstanding concerns are addressed by Enbridge.

 

3.         City Council request the Ontario Minister of the Environment to conduct a comprehensive environmental assessment for the Enbridge Line 9B Application.

 

4.         City Council direct the City Clerk to forward a copy of the request in Part 3 to the Federal Minister of the Environment.

 

5.         City Council request Enbridge to inform the City of Toronto and the Toronto Transit Commission of any work or testing anticipated on Line 9 in the next 5 years on or in the vicinity of the Toronto Transit Commission and GO stations and the parking lot at Yonge Street and Bishop Avenue; and further that City Council request Enbridge to provide the City of Toronto and the Toronto Transit Commission and GO Transit with the current location of Line 9.

 

6.         City Council request Enbridge to confirm the specific date and location of Enbridge's Emergency Response Team's deployment for the Greater Toronto Area.

 

7.         City Council direct the City Manager, in consultation with the City Solicitor, to write to the President and Chief Executive Officer, Enbridge and copy the National Energy Board advising how City Staff would be involved in the review of the further steps required by the National Energy Board.

 

8.         City Council request the City Manager, in consultation with the City Solicitor, to report back to Council on the City's input to Enbridge on emergency preparedness, including current and proposed education and training on emergency response, and measures to protect the City's drinking water resources, prior to Enbridge filing an updated emergency management plan and procedures as required by the National Energy Board decision.

 

9.         City Council direct that Confidential Attachment 1 to the report (March 25, 2014) from the City Manager and the City Solicitor remain confidential as it contains advice and information that is subject to solicitor-client privilege and is the subject of litigation.  City Council authorize the public release of all or a portion of the confidential information in Confidential Attachment 1 to the report (March 25, 2014) from the City Manager and the City Solicitor at the discretion of the City Solicitor.

 

Confidential Attachment 1 to the report (March 25, 2014) from the City Manager and the City Solicitor remains confidential in its entirety in accordance with the provision of the City of Toronto Act 2006, as it contains advice and information that is subject to solicitor-client privilege and is the subject of litigation. All or a portion of the confidential information will be made public at the discretion of the City Solicitor.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on April 2, 2014, to consider confidential information on this Item as it relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.  City Council subsequently considered this Item in public session only.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Background Information (City Council)

(March 25, 2014) Report from the City Manager and the City Solicitor on National Energy Board Decision on Enbridge Line 9B Application - Emergency Response Capacity and Appendices 1, 2 and 3 (CC50.9)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-67983.pdf
Confidential Attachment 1

Communications (City Council)

(March 22, 2014) E-mail from Linda Makarchuk (CC.Supp.CC50.9.1)

Motions (City Council)

Report of Committee of the Whole

April 2, 2014 at 7:56 p.m - Speaker Nunziata advised that City Council did not consider Item CC50.9 in the closed session.


1a - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council request Enbridge to confirm the specific date and location of Enbridge's Emergency Response Team's deployment for the Greater Toronto Area.

Vote (Amend Item (Additional)) Apr-03-2014 6:42 PM

Result: Carried Majority Required - CC50.9 - Shiner - motion 1a
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Josh Colle, Doug Ford, Mark Grimes, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Karen Stintz

1b - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council request Enbridge to inform the City of Toronto and the Toronto Transit Commission of any work or testing anticipated on Line 9 in the next 5 years on or in the vicinity of the Toronto Transit Commission and GO stations and the parking lot at Yonge Street and Bishop Avenue; and further that City Council request Enbridge to provide the City of Toronto and the Toronto Transit Commission and GO Transit with the current location of Line 9.

Vote (Amend Item (Additional)) Apr-03-2014 6:43 PM

Result: Carried Majority Required - CC50.9 - Shiner - motion 1b
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Josh Colle, Doug Ford, Mark Grimes, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Karen Stintz

2 - Motion to Amend Item (Additional) moved by Councillor Mike Layton (Carried)

That:

 

1.         City Council request the Ontario Minister of the Environment to conduct a comprehensive environmental assessment for the Enbridge Line 9B Application.

 

2.         City Council direct the City Clerk to forward a copy of the request to the Federal Minister of the Environment.

Vote (Amend Item (Additional)) Apr-03-2014 6:44 PM

Result: Carried Majority Required - CC50.9 - Layton - motion 2
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Rob Ford, Norman Kelly, Gloria Lindsay Luby, John Parker (Chair)
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Josh Colle, Doug Ford, Mark Grimes, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Karen Stintz

3 - Motion to Amend Item (Additional) moved by Councillor Anthony Perruzza (Carried)

That:

 

1.         City Council request the City Manager, in consultation with the City Solicitor, to report back to Council on the City's input to Enbridge on emergency preparedness, including current and proposed education and training on emergency response, and measures to protect the City drinking water resources, prior to Enbridge filing an updated emergency management plan and procedures as required by the National Energy Board decision.

 

2.         City Council request the Premier and the Ministers of Energy and of the Environment to follow-up on any outstanding concerns not addressed in the National Energy Board decision on Line 9B and further, to advise that the City supports any actions undertaken by the Province to ensure the outstanding concerns are addressed by Enbridge.

Vote (Amend Item (Additional)) Apr-03-2014 6:45 PM

Result: Carried Majority Required - CC50.9 - Perruzza - motion 3
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Josh Colle, Doug Ford, Mark Grimes, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Karen Stintz

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-03-2014 6:46 PM

Result: Carried Majority Required - CC50.9 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Ana Bail„o, Josh Colle, Doug Ford, Mark Grimes, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Karen Stintz
Source: Toronto City Clerk at www.toronto.ca/council