Item - 2014.PG33.14

Tracking Status

  • City Council adopted this item on July 8, 2014 with amendments.
  • City Council considered this item on June 10, 2014 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 May 29, 2014 and was adopted with amendments. It will be considered by City Council on June 10, 2014.

PG33.14 - Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 8, 9, 10 and 11, 2014 recommends that:

 

1.         City Council approve the establishment of a Local Appeal Body to hear appeals of minor variances and consent applications and City Council direct that the Appeal Body be in place to hear all appeals made after September 1, 2015.

 

2.         City Council approve the following eight guiding principles for implementing the Local Appeal Body (LAB):

 

Guiding Principle One - Appointment of LAB Members

LAB members will be recruited using a fair and impartial recruitment process where the most qualified candidates are appointed by City Council.

 

Guiding Principle Two - Qualifications of LAB Members

The members will have reputable adjudicative experience, familiarity with land use planning and planning law, demonstrated ability to make sound, balanced decisions, and will be free of conflicts of interest.

 

Guiding Principle Three - LAB Member Remuneration

LAB members will be remunerated at a level that ensures they are able to effectively perform their role and function to achieve fair and balanced hearing decisions.

 

Guiding Principle Four - Oversight and Accountability of LAB Members

The LAB will operate as an independent decision making body free from influence by outside parties. It will be subject to the City's Code of Conduct for Members of Adjudicative Boards and will conduct itself in accordance with the Statutory Powers Procedures Act, the Municipal Conflict of Interest Act and the Municipal Freedom of Information and Protection of Privacy Act.

 

Guiding Principle Five - LAB Practices and Procedures

The LAB will determine its own hearing practices and procedures in accordance with relevant legislation such as the Statutory Powers Procedure Act and the City of Toronto Act.

 

Guiding Principle Six - LAB Structure and Relationship with the City

The LAB will be structured to provide efficient and timely due process with administrative support from the City.

 

Guiding Principle Seven - Costs of Implementing and Maintaining a LAB

The City will provide adequate start-up and ongoing operating funding to the LAB to ensure that it functions effectively and independently and in a manner that upholds fair due process for all the parties involved in the hearing.

 

Guiding Principle Eight - Appeal Filing Fees for the LAB

In establishing fees for the LAB, Council will be guided by the legislation which governs the tariff of fees for the LAB and the City's User Fee Policy and by the principles of natural justice.

 

3.         City Council direct that the amount of additional start up costs for 2015, in addition to operating and capital costs for 2015, be considered as part of the 2015 budget process.

 

4.         City Council direct that the establishment of a Local Appeal Body be coordinated and overseen by the City Manager and the City Manager report to the Executive Committee early in 2015, with recommendations for the governance and administration of the Local Appeal Body, including the number of members, their remuneration, and a proposed fee structure.

 

5.         City Council request the City Manager, in preparing the report of a recommended fee structure, give consideration to the following:

           

i.          a minimum fee for all appeals; and

ii.         for appeals initiated by Committee of Adjustment applicants, the minimum appeal fee be at least equal to the applicant's Committee of Adjustment fees.

 

6.         City Council request the Province of Ontario to amend the Planning Act to provide a clear definition of a minor variance.

 

7.         City Council request the Minister of Municipal Affairs and Housing to respond to Council's previous requests for Provincial funding assistance in implementing a Local Appeal Body.

 

8.         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 jurisdiction over the City of Toronto's Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.

 

9.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee meeting on August 7, 2014 on the resources required for Planning staff to report on every Committee of Adjustment application.

 

10.       City Council request that the Committee of Adjustment panels provide detailed written or oral reasons explaining their reasons for approval or refusal of applications.

 

11.       City Council request the City Solicitor and the Open Meeting Investigator to meet with Committee of Adjustment panel members to advise them on how to conduct meetings and their discussions in an appropriate manner.

Background Information (Committee)

(May 6, 2014) Report and Attachments 1 - 2 from the Chief Planner and Executive Director, City Planning on Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-69375.pdf

Background Information (City Council)

(June 9, 2014) Supplementary report from the City Manager on Implementing a Local Appeal Body for Toronto - Public Consultations and Guiding Principles (PG33.14a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-70947.pdf

Communications (Committee)

(May 28, 2014) E-mail from Patrick Smyth (PG.New.PG33.14.1)
(May 28, 2014) Letter from Bill Birdsell, President, Ontario Association of Architects (PG.New.PG33.14.2)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-47799.pdf

Communications (City Council)

(June 8, 2014) Letter from Eileen Denny, Vice Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.PG33.14.3)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-48357.pdf

Motions (City Council)

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

That City Council amend Planning and Growth Management Committee Recommendation 1 by adding the words "and City Council direct that the Appeal Body be in place to hear all appeals made after September 1, 2015" after the word "applications" so that it now reads as follows:

 

1.         City Council approve the establishment of a Local Appeal Body to hear appeals of minor variances and consent applications and City Council direct that the Appeal Body be in place to hear all appeals made after September 1, 2015.

Vote (Amend Item) Jul-10-2014 2:55 PM

Result: Carried Majority Required - PG33.14 - Filion - motion 1
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Raymond Cho, Doug Ford, Rob Ford, Mark Grimes, Norman Kelly, Peter Leon, Gloria Lindsay Luby, James Maloney, Cesar Palacio, John Parker, Michael Thompson
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Vincent Crisanti, Frank Di Giorgio, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser

2 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That 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 the City of Toronto's Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.

Vote (Amend Item (Additional)) Jul-10-2014 2:57 PM

Result: Carried Majority Required - PG33.14 - Wong-Tam - motion 2
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Doug Ford, Rob Ford, Norman Kelly, Peter Leon, Gloria Lindsay Luby, Cesar Palacio, John Parker, Michael Thompson
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Vincent Crisanti, Frank Di Giorgio, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser

3 - Motion to Amend Item moved by Councillor Janet Davis (Carried)

That City Council adopt the following recommendation contained in the supplementary report (June 9, 2014) from the City Manager [PG33.14a]:

 

1.         City Council delete Recommendation 4 of the Planning and Growth Management Committee and replace it with:

 

"City Council direct that the establishment of a Local Appeal Body be coordinated and overseen by the City Manager and the City Manager report to the Executive Committee early in 2015, with recommendations for the governance and administration of the Local Appeal Body, including the number of members, their remuneration, and a proposed fee structure".

Vote (Amend Item) Jul-10-2014 2:56 PM

Result: Carried Majority Required - PG33.14 - Davis - motion 3
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Doug Ford, Rob Ford, Norman Kelly, Peter Leon, Cesar Palacio, John Parker, Michael Thompson
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Vincent Crisanti, Frank Di Giorgio, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-10-2014 2:58 PM

Result: Carried Majority Required - PG33.14 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Doug Ford, Rob Ford, Norman Kelly, Peter Leon, Gloria Lindsay Luby, James Maloney, John Parker, Michael Thompson
Total members that were Absent: 5 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser

PG33.14 - Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on June 10, 11, 12 and 13, 2014, deferred consideration of Item PG33.14 until the next regular meeting of City Council on July 8 and 9, 2014.

Background Information (Committee)

(May 6, 2014) Report and Attachments 1 - 2 from the Chief Planner and Executive Director, City Planning on Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-69375.pdf

Background Information (City Council)

(June 9, 2014) Supplementary report from the City Manager on Implementing a Local Appeal Body for Toronto - Public Consultations and Guiding Principles (PG33.14a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-70360.pdf

Communications (Committee)

(May 28, 2014) E-mail from Patrick Smyth (PG.New.PG33.14.1)
(May 28, 2014) Letter from Bill Birdsell, President, Ontario Association of Architects (PG.New.PG33.14.2)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-47799.pdf

Communications (City Council)

(June 8, 2014) Letter from Eileen Denny, Vice Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.PG33.14.3)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-48029.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Josh Matlow (Carried)
That consideration of the item be deferred until the next regular meeting of City Council on July 8 and 9, 2014.

Vote (Defer Item) Jun-13-2014 4:36 PM

Result: Carried Majority Required - PG33.14 - Matlow - motion 1 - Defer item
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), John Parker, Gord Perks, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 17 Members that were absent are Raymond Cho, Josh Colle, Gary Crawford, Mike Del Grande, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson

PG33.14 - Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council approve the establishment of a Local Appeal Body to hear appeals of minor variances and consent applications;

 

2.         City Council approve the following eight guiding principles for implementing the Local Appeal Body (LAB):

 

Guiding Principle One - Appointment of LAB Members

LAB members will be recruited using a fair and impartial recruitment process where the most qualified candidates are appointed by City Council.

 

Guiding Principle Two - Qualifications of LAB Members

The members will have reputable adjudicative experience, familiarity with land use planning and planning law, demonstrated ability to make sound, balanced decisions, and will be free of conflicts of interest.

 

Guiding Principle Three - LAB Member Remuneration

LAB members will be remunerated at a level that ensures they are able to effectively perform their role and function to achieve fair and balanced hearing decisions.

 

Guiding Principle Four - Oversight and Accountability of LAB Members

The LAB will operate as an independent decision making body free from influence by outside parties. It will be subject to the City's Code of Conduct for Members of Adjudicative Boards and will conduct itself in accordance with the Statutory Powers Procedures Act, the Municipal Conflict of Interest Act and the Municipal Freedom of Information and Protection of Privacy Act.

 

Guiding Principle Five - LAB Practices and Procedures

The LAB will determine its own hearing practices and procedures in accordance with relevant legislation such as the Statutory Powers Procedure Act and the City of Toronto Act.

 

Guiding Principle Six - LAB Structure and Relationship with the City 

The LAB will be structured to provide efficient and timely due process with administrative support from the City.

 

Guiding Principle Seven - Costs of Implementing and Maintaining a LAB

The City will provide adequate start-up and ongoing operating funding to the LAB to ensure that it functions effectively and independently and in a manner that upholds fair due process for all the parties involved in the hearing.

 

Guiding Principle Eight - Appeal Filing Fees for the LAB

In establishing fees for the LAB, Council will be guided by the legislation which governs the tariff of fees for the LAB and the City's User Fee Policy and by the principles of natural justice.

 

3.         City Council direct that the amount of additional start up costs for 2015, in addition to operating and capital costs for 2015, be considered as part of the 2015 budget process;

 

4.         City Council direct that the establishment of a Local Appeal Body be co-ordinated and overseen by the City Manager and that the City Manager report to the Planning and Growth Management Committee at the August 7, 2014 meeting, with recommendations for the number and remuneration of LAB members and a proposed fee structure;

 

5.         City Council request the City Manager, in preparing the report of a recommended fee structure, give consideration to the following:

            i.          a minimum fee for all appeals; and

ii.         for appeals initiated by Committee of Adjustment applicants, the minimum appeal fee be at least equal to the applicant's Committee of Adjustment fees.

 

6.         City Council request the Province of Ontario to amend the Planning Act to provide a clear definition of a minor variance;

 

7.         City Council request the Minister of Municipal Affairs and Housing to respond to Council's previous requests for Provincial funding assistance in implementing a Local Appeal Body;

 

8.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee meeting on August 7, 2014 on the resources required for Planning staff to report on every Committee of Adjustment application;

 

9.         City Council request that the Committee of Adjustment panels provide detailed written or oral reasons explaining their reasons for approval or refusal of applications; and

 

10.       City Council request the City Solicitor and the Open Meeting Investigator to meet with Committee of Adjustment panel members to advise them on how to conduct meetings and their discussions in an appropriate manner.

Decision Advice and Other Information

The Planning and Growth Management Committee requested the City Manager to report directly to City Council confirming availability of start-up funding in 2014 to begin the process for Local Appeal Body so that it is in place to hear all appeals made after June 1, 2015.

Origin

(May 6, 2014) Report from the Chief Planner and Executive Director, City Planning

Summary

This report summarizes the results of the public consultations on implementing a Local Appeal Body (LAB) for the City of Toronto to hear appeals of minor variance and consent applications.  The report also provides principles, informed by the consultation, to guide LAB implementation in the event Council decides to implement a LAB.

Background Information

(May 6, 2014) Report and Attachments 1 - 2 from the Chief Planner and Executive Director, City Planning on Implementing a Local Appeal Body for Toronto - Public Consultation Comments and Guiding Principles
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-69375.pdf

Communications

(May 28, 2014) E-mail from Patrick Smyth (PG.New.PG33.14.1)
(May 28, 2014) Letter from Bill Birdsell, President, Ontario Association of Architects (PG.New.PG33.14.2)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-47799.pdf

Speakers

Danielle Chin, Building Industry and Land Development Association
Eileen Denny, Vice-Chair, Confederation of Resident and Ratepayer Associations in Toronto
Michael Coll, Resident

Motions

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

That:

 

1.         Recommendations 1 and 3 in the staff report be deleted.

 

2.         City Council approve the establishment of a Local Appeal Body to hear appeals of minor variances and consent applications;

 

3.         The City Manager report directly to City Council confirming availability of start-up funding in 2014 to begin the process for Local Appeal Body so that it is in place to hear all appeals made after June 1, 2015;

 

4.         City Council direct that the amount of additional start up costs for 2015, in addition to operating and capital costs for 2015, be considered as part of the 2015 budget process;

 

5.         City Council direct that the establishment of a Local Appeal Body be co-ordinated and overseen by the City Manager and that the City Manager report to the Planning and Growth Management Committee at the August 7, 2014 meeting, with recommendations for the number and remuneration of LAB members and a proposed fee structure; and

 

6.         City Council request the City Manager, in preparing the report of a recommended fee structure to give consideration to the following:

 

            i.          a minimum fee for all appeals; and

ii.         for appeals initiated by Committee of Adjustment applicants, the minimum appeal fee be at least equal to the applicant's Committee of Adjustment fees.


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

That:

 

1.         City Council ask the Province of Ontario to amend the Planning Act to provide a clear definition of a minor variance.

 

2.         City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee meeting on August 7, 2014 on the resources required for Planning staff to report on every Committee of Adjustment application.

 

3.         City Council request that the Committee of Adjustment panels provide detailed written or oral reasons explaining their reasons for approval or refusal of applications.

 

4.         City Council request the City Solicitor and the Open Meeting Investigator to meet with Committee of Adjustment panel members to advise them on how to conduct meetings and their discussions in an appropriate manner. 


3 - Motion to Adopt Item as Amended moved by Councillor Peter Milczyn (Carried)
Source: Toronto City Clerk at www.toronto.ca/council