Item - 2015.EX8.1

Tracking Status

  • City Council adopted this item on September 30, 2015 with amendments.
  • This item was considered by Executive Committee on September 21, 2015 and was adopted with amendments. It will be considered by City Council on September 30, 2015.

EX8.1 - Five-Year Review of the City of Toronto Act, 2006

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on September 30, October 1 and 2, 2015, adopted the following:

 

1.  City Council confirm the proposed amendments to the City of Toronto Act, 2006 ("COTA") identified in Attachment 1 to the report (September 4, 2015) from the City Manager, for submission to the Province of Ontario as part of the COTA 5-year Review and authorize the Mayor and the City Manager to negotiate any details as required, with Attachment 1 to the report (September 4, 2015) from the City Manager amended by:

 

a. including the following requests:

 

1.  The City of Toronto is a party to any appeal by an applicant to the Licence Appeal Tribunal under the Liquor Licence Act.

 

2.  The City of Toronto is entitled to all notices and disclosures flowing from an appeal to the Licence Appeal Tribunal by the applicant.

 

3.  If City Council passes a resolution objecting to a liquor licence application, the applicant will bear the onus of showing the Licence Appeal Tribunal why it should be entitled to the liquor licence.

 

4.  In granting a licence, the Licence Appeal Tribunal shall set out standards for activities that originate inside or around the licensed premises but impact the neighbourhood such as noise and loitering.

 

5.  Amend Section 8(2) of the City of Toronto Act, 2006 to provide that the City may pass by-laws respecting climate change mitigation and adaptation in order to more effectively enable actions, such as but not limited to, reducing greenhouse gases through increased waste diversion, improving energy efficiency and ensuring greater resiliency of infrastructure and buildings.

 

6.  Remove the jurisdiction of the Ontario Municipal Board, for both petitions and appeals respecting ward boundaries, and require the City of Toronto to review its ward boundaries every 10 years and adjust them as required in keeping with the principles of effective representation.)

 

7.  Set out rules for third party advertisers (including printed materials, billboards, robocalls, etc.) that clearly identify and regulate the third parties.

 

8.  Enable the City, at any reasonable time and upon producing proper identification, to enter upon any land adjoining any land owned by a municipality, a local board or a conservation authority, for the purpose of maintaining the land owned by a municipality, a local board or a conservation authority, or for assessing, inspecting or removing encroachments upon such land.

 

b.  amending the request to extend the jurisdiction of the Auditor General to the Board of Health so it is limited to those programs and expenditures where the City of Toronto funding or user fees constitute the majority of the funding, or when the Board of Health requests the Auditor General to conduct an audit.

 

2.  City Council request the City Manager to submit to the Province of Ontario the key comments from the Members of Council summarized in Attachment 2 to the report (September 4, 2015) from the City Manager, related to the Municipal Elections Act, 1996 and the Municipal Conflict of Interest Act.

 

3. City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

a.  that the final date to register as a candidate for a municipal election be one week prior to the final date to withdraw as a candidate;

 

b.  that the Province review the proxy voting procedures for Municipal Elections;

 

c.  that only residents whose principal residence is located in the City of Toronto are eligible as a candidate for municipal elections in the City of Toronto;

 

d.  that the Harmonized Sales Tax does not count toward a candidate's campaign spending limit;

 

e.  that candidates who have been subject to a Compliance Audit or Compliance Audit Request can re-open their campaign to raise funds to cover all legal and accounting fees, including those for any appeal of a Compliance Audit Committee decision;

 

f.  that the time frame for the compliance audit process be extended to 60 days from the current 30 days to ensure that applicants and candidates have sufficient time to respond to a compliance audit application;

 

g.  that the Compliance Audit Committee be authorized to award costs when the Compliance Audit Committee has dismissed a complaint;

 

h.  that the resolution passed by City Council in June 2013 to allow permanent residents the right to vote in municipal elections be further explored where the necessary legislation applies to provincial elections;

 

i.  that the Province consider the resolution passed by City Council in July 2010 to initiate electoral reform to institute a permanent municipal voters list compiled and maintained by an organization such as Elections Ontario;

 

j. that the Province should not proceed with amendments to the Municipal Elections Act to provide for Ranked Choice Voting;

 

k. that if the Province does amend the Municipal Elections Act to provide for Ranked Choice Voting;

 

a. the use of Ranked Choice Voting be optional for the City of Toronto; and

 

b. the City of Toronto only be permitted to implement Ranked Choice Voting after holding public consultations and a referendum;

 

l.  that candidates for Council have to remit a fee of $250 and candidates for Mayor remit a fee of $500, refundable after having achieved one percent of the popular vote;

 

m.  that candidates for Council submit a petition of support with 50 signatures and candidates for Mayor submit a petition of support with 100 signatures; and

 

n.  that campaign spending limits increase to reflect the increased cost of running a campaign in the City of Toronto and that the Province establish a formula which would automatically increase yearly in relation to the Consumer Price Index.

 

4.  City Council request the City Manager, in consultation with the City Clerk, the Chief Planner and Executive Director, City Planning, interested Members of Council and the City Solicitor, to review the delegation of matters to Community Councils and to report back on any required amendments to Toronto Municipal Code Chapter 27, Council Procedures and that the report be governed by principles whereby Community Councils are recognized as the primary decision-making bodies on all matters local.

 

5. City Council request the City Clerk to report back to City Council, through the Executive Committee on any new Municipal Elections Act provisions and options for Council's consideration.

 

6.  City Council authorize the Mayor and the City Manager to execute current and future renewals of the Toronto-Ontario Cooperation and Consultation Agreement as required.

City Council Decision Advice and Other Information

City Council considered Items EX8.1 and HL6.7 together.

Background Information (Committee)

(September 4, 2015) Report from the City Manager on Five-Year Review of the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83510.pdf
Attachment 1 - Proposed Amendments to the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83511.pdf
Attachment 2 - Key Comments from Council Member Consultations - Municipal Elections Act, 1996 and Municipal Conflict of Interest Act
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83513.pdf
Attachment 3 - City Council's Decision History related to the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83515.pdf
Attachment 4 - City Council's Decision History related to the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83524.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Paul Ainslie (Lost)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act: 

 

That a municipal government official should be mandated with the role of reviewing all candidates' financial filings to make sure they have complied with the law and the findings should be reported to City Council 

 

That the process to prosecute suspected offenders of the Ontario Municipal Elections Act should include serious consequences if candidates are found in violation of the Act.

 

That candidates who fail to file their financial statements should face a stronger punishment or fine in addition to not being permitted to run in a future municipal election.

Vote (Amend Item) Oct-01-2015 7:38 PM

Result: Lost Majority Required - EX8.1 - Ainslie - motion 1a Part 1
Total members that voted Yes: 9 Members that voted Yes are Paul Ainslie, Shelley Carroll, Raymond Cho, Joe Cressy, Sarah Doucette, John Filion, Jim Karygiannis, Joe Mihevc, Gord Perks
Total members that voted No: 34 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Vote (Amend Item) Oct-01-2015 7:39 PM

Result: Lost Majority Required - EX8.1 - Ainslie - motion 1a Part 2
Total members that voted Yes: 14 Members that voted Yes are Paul Ainslie, Jon Burnside, Shelley Carroll, Josh Colle, Joe Cressy, Sarah Doucette, John Filion, Stephen Holyday, Jim Karygiannis, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Jaye Robinson, John Tory
Total members that voted No: 29 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Vote (Amend Item) Oct-01-2015 7:40 PM

Result: Lost Majority Required - EX8.1 - Ainslie - motion 1a Part 3
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Janet Davis, Sarah Doucette, John Filion, Stephen Holyday, Jim Karygiannis, Chin Lee, Frances Nunziata (Chair), James Pasternak
Total members that voted No: 31 Members that voted No are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

1b - Motion to Amend Item moved by Councillor Paul Ainslie (Lost)

That City Council amend Attachment 1 to the report (September 4, 2015) from the City Manager, to include the following request to the Province of Ontario:

 

Provide clear recall provisions which allow for the ouster of a dysfunctional Mayor or City Councillor by City Council.

Vote (Amend Item) Oct-01-2015 7:41 PM

Result: Lost Majority Required - EX8.1 - Ainslie - motion 1b
Total members that voted Yes: 3 Members that voted Yes are Paul Ainslie, Jon Burnside, Chin Lee
Total members that voted No: 40 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

2 - Motion to Amend Item moved by Councillor James Pasternak (Lost)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

That media personalities working in electronic, print or online media must take a leave of absence from their employer upon registering as a candidate for a City of Toronto election.

 

That fines related to various lawn sign infractions under the Municipal Elections Act do not count as an election expense.

 

That only residents whose principal residence is located in the City of Toronto are eligible for the campaign donor rebate program.

Vote (Amend Item) Oct-01-2015 7:42 PM

Result: Lost Majority Required - EX8.1 - Pasternak - motion 2 - Part 1
Total members that voted Yes: 9 Members that voted Yes are Maria Augimeri, John Campbell, Christin Carmichael Greb, Frank Di Giorgio, Mary Fragedakis, Frances Nunziata (Chair), James Pasternak, Jaye Robinson, David Shiner
Total members that voted No: 34 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Jon Burnside, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Vote (Amend Item) Oct-01-2015 7:43 PM

Result: Lost Majority Required - EX8.1 - Pasternak - motion 2 - Part 2
Total members that voted Yes: 11 Members that voted Yes are Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Paula Fletcher, Mark Grimes, Giorgio Mammoliti, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory
Total members that voted No: 32 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Gord Perks, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Vote (Amend Item) Oct-01-2015 7:45 PM

Result: Lost Majority Required - EX8.1 - Pasternak - motion 2 - Part 3
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Shelley Carroll, Josh Colle, Sarah Doucette, Mary Fragedakis, Josh Matlow, Mary-Margaret McMahon, James Pasternak, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 32 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

3 - Motion to Amend Item moved by Councillor Chin Lee (Carried)

HL6.7 and EX8.1:

 

That City Council amend the Board of Health recommendation in HL6.7 to now read as follows:

 

City Council amend Attachment 1 to the report (September 4, 2015) from the City Manager so that the request to extend the jurisdiction of the Auditor General to the Board of Health is limited to those programs and expenditures where the City of Toronto funding or user fees constitute the majority of the funding, or when the Board of Health requests the Auditor General conduct an audit.


4 - Motion to Amend Item moved by Councillor Gord Perks (Carried)

That City Council amend Attachment 1 to the report (September 4, 2015) from the City Manager, to include the following request to the Province of Ontario:

 

The City of Toronto is a party to any appeal by an applicant to the Licence Appeal Tribunal under the Liquor Licence Act.

 

The City of Toronto is entitled to all notices and disclosures flowing from an appeal to the Licence Appeal Tribunal by the applicant.

 

If City Council passes a resolution objecting to a liquor licence application, the applicant will bear the onus of showing the Licence Appeal Tribunal why it should be entitled to the liquor licence. 

 

In granting a licence, the Licence Appeal Tribunal shall set out standards for activities that originate inside or around the licensed premises but impact the neighbourhood such as noise and loitering.

Vote (Amend Item) Oct-01-2015 7:46 PM

Result: Carried Majority Required - EX8.1 - Perks - motion 4
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, 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, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Ron Moeser
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

5 - Motion to Amend Item moved by Councillor Mary-Margaret McMahon (Lost)

That City Council amend Executive Committee Recommendation 3 by including the following comment in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

That term limits for all municipal elected officials be considered.

Vote (Amend Item) Oct-01-2015 7:47 PM

Result: Lost Majority Required - EX8.1 - McMahon - motion 5
Total members that voted Yes: 11 Members that voted Yes are Ana Bail„o, Jon Burnside, John Campbell, Josh Colle, Joe Cressy, Sarah Doucette, Mary-Margaret McMahon, Ron Moeser, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 32 Members that voted No are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

6 - Motion to Amend Item moved by Councillor Justin J. Di Ciano (Carried)

That:

 

1.  City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

a.  That the Province should not proceed with amendments to the Municipal Elections Act to provide for Ranked Choice Voting.

 

b.  That if the Province does amend the Municipal Elections Act to provide for Ranked Choice Voting:

 

1.  the use of Ranked Choice Voting be optional for the City of Toronto; and

 

2.  the City of Toronto only be permitted to implement Ranked Choice Voting after holding public consultations and a referendum.

 

2. City Council request the City Clerk to report back to City Council, through the Executive Committee on any new Municipal Elections Act provisions and options for Council's consideration.

Vote (Amend Item) Oct-01-2015 7:48 PM

Result: Carried Majority Required - EX8.1 - Di Ciano - motion 6
Total members that voted Yes: 25 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 18 Members that voted No are Paul Ainslie, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, James Pasternak, Gord Perks, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

7 - Motion to Amend Item moved by Councillor John Campbell (Carried)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

That candidates for Council have to remit a fee of $250 and candidates for Mayor remit a fee of $500, refundable after having achieved one percent of the popular vote.

 

That candidates for Council submit a petition of support with 50 signatures and candidates for Mayor submit a petition of support with 100 signatures.

Vote (Amend Item) Oct-01-2015 7:51 PM

Result: Carried Majority Required - EX8.1 - Campbell - motion 7
Total members that voted Yes: 26 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, John Filion, Mark Grimes, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson
Total members that voted No: 17 Members that voted No are Paul Ainslie, Gary Crawford, Joe Cressy, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Norman Kelly, Pam McConnell, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

8 - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

That City Council amend Executive Committee Recommendation 4 by:

 

1. adding the words "the Chief Planner and Executive Director, City Planning, interested Members of Council and the" after the words "City Clerk"; and

 

2. adding the words "and that the report be governed by principles whereby Community Councils are recognized as the primary decision making bodies on all matters local" after the words "Council Procedures"

 

So that Executive Committee Recommendation 4 now reads as follows:

 

"4.  City Council request the City Manager, in consultation with the City Clerk, the Chief Planner and Executive Director, City Planning, interested Members of Council and the City Solicitor, to review the delegation of matters to Community Councils and report back on any required amendments to Toronto Municipal Code Chapter 27, Council Procedures, and that the report be governed by principles whereby Community Councils are recognized as the primary decision making bodies on all matters local."

Vote (Amend Item) Oct-01-2015 7:52 PM

Result: Carried Majority Required - EX8.1 - Mihevc - motion 8 - Part 1
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson
Total members that voted No: 15 Members that voted No are Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Sarah Doucette, Norman Kelly, Josh Matlow, Denzil Minnan-Wong, James Pasternak, Gord Perks, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Vote (Amend Item) Oct-01-2015 7:54 PM

Result: Carried Majority Required - EX8.1 - Mihevc - motion 8 Part 2
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson
Total members that voted No: 17 Members that voted No are Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Sarah Doucette, Stephen Holyday, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, James Pasternak, Gord Perks, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

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

That City Council amend Attachment 1 to the report (September 4, 2015) report from the City Manager, to include the following request to the Province of Ontario:

 

Amend Section 8(2) of the City of Toronto Act, 2006 to provide that the City may pass by-laws respecting climate change mitigation and adaptation in order to more effectively enable actions, such as but not limited to, reducing greenhouse gases through increased waste diversion, improving energy efficiency and ensuring greater resiliency of infrastructure and buildings.

Vote (Amend Item) Oct-01-2015 7:56 PM

Result: Carried Majority Required - EX8.1 - Davis - motion 9
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are Christin Carmichael Greb, Justin J. Di Ciano, Mark Grimes, Stephen Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), David Shiner, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

10 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That City Council amend Attachment 1 to the report (September 4, 2015) from the City Manager, to include the following request to the Province of Ontario:

 

Remove the jurisdiction of the Ontario Municipal Board, for both petitions and appeals respecting ward boundaries, and require the City of Toronto to review its ward boundaries every 10 years and adjust them as required in keeping with the principles of effective representation.

Vote (Amend Item) Oct-01-2015 7:57 PM

Result: Carried Majority Required - EX8.1 - Fletcher - motion 10
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are Gary Crawford, Justin J. Di Ciano, Mark Grimes, Stephen Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

11 - Motion to Amend Item moved by Councillor Mark Grimes (Carried)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

Extend the time frame for the compliance audit process to 60 days from the current 30 days to ensure that applicants and candidates have sufficient time to respond to a compliance audit application.

Vote (Amend Item) Oct-01-2015 7:58 PM

Result: Carried Majority Required - EX8.1 - Grimes - motion 11
Total members that voted Yes: 36 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 7 Members that voted No are Paul Ainslie, John Filion, Norman Kelly, Josh Matlow, Ron Moeser, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

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

That City Council amend Attachment 1 to the report (September 4, 2015) from the City Manager, to include the following request to the Province of Ontario:

 

Set out rules for third party advertisers (including printed materials, billboards, robocalls, etc.) that clearly identify and regulate the third parties.

Vote (Amend Item) Oct-01-2015 7:59 PM

Result: Carried Majority Required - EX8.1 - Filion - motion 12
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are John Campbell, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Norman Kelly, Giorgio Mammoliti, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

13 - Motion to Amend Item moved by Councillor Raymond Cho (Carried)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

That campaign spending limits increase to reflect the increased cost of running a campaign in the City of Toronto and that the Province establish a formula which would automatically increase yearly in relation to the Consumer Price Index.

Vote (Amend Item) Oct-01-2015 8:01 PM

Result: Carried Majority Required - EX8.1 - Cho - motion 13
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Sarah Doucette, John Filion, Stephen Holyday, Norman Kelly, Josh Matlow, Pam McConnell, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Gord Perks, David Shiner, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

14 - Motion to Amend Motion moved by Councillor Jim Karygiannis (Lost)

That Motion 7 by Councillor Campbell be amended by deleting the figures "250" and "500" and replacing them with "500" and "1,000" so that the motion now reads:

 

"That candidates for Council have to remit a fee of $500 and candidates for Mayor remit a fee of $1,000, refundable after having achieved one percent of the popular vote.

 

That candidates for Council submit a petition of support with 50 signatures and candidates for Mayor submit a petition of support with 100 signatures."

Vote (Amend Motion) Oct-01-2015 7:49 PM

Result: Lost Majority Required - EX8.1 - Karygiannis - motion 14
Total members that voted Yes: 11 Members that voted Yes are Maria Augimeri, Raymond Cho, Mark Grimes, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Jaye Robinson, John Tory
Total members that voted No: 32 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Norman Kelly, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

15 - Motion to Amend Item moved by Councillor Michelle Berardinetti (Carried)

That City Council amend Attachment 1 to the report (September 4, 2015) report from the City Manager, to include the following request to the Province of Ontario:

 

Enable the City, at any reasonable time and upon producing proper identification, to enter upon any land adjoining any land owned by a municipality, a local board or a conservation authority, for the purpose of maintaining the land owned by a municipality, a local board or a conservation authority, or for assessing, inspecting or removing encroachments upon such land.

Vote (Amend Item) Oct-01-2015 8:02 PM

Result: Carried Majority Required - EX8.1 - Berardinetti - motion 15
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 6 Members that voted No are Joe Cressy, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

16 - Motion to Amend Item moved by Councillor Giorgio Mammoliti (Carried)

That City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager's submission being made to the Province related to the Municipal Elections Act:

 

Authorize the Compliance Audit Committee to award costs when the Compliance Audit Committee has dismissed a complaint.

Vote (Amend Item) Oct-01-2015 8:04 PM

Result: Carried Majority Required - EX8.1 - Mammoliti- motion 16
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson, John Tory
Total members that voted No: 14 Members that voted No are Jon Burnside, Shelley Carroll, Josh Colle, Joe Cressy, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Pam McConnell, Joe Mihevc, Ron Moeser, Gord Perks, Jaye Robinson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Motion to Adopt Item as Amended (Carried)

Adopt item as Amended only as it pertains to Executive Committee Recommendation 3f.

Vote (Adopt Item as Amended) Oct-01-2015 8:06 PM

Result: Carried Majority Required - EX8.1 - As it pertains to Executive Committee Part 3f only
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Norman Kelly, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Raymond Cho, Vincent Crisanti, John Filion, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, David Shiner, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Motion to Adopt Item as Amended (Carried)

Adopt balance of the item as amended.

Vote (Adopt Item as Amended) Oct-01-2015 8:08 PM

Result: Carried Majority Required - EX8.1 - Balance of the item as amended
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Anthony Perruzza
Total members that were Absent: 2 Members that were absent are Rob Ford, Mike Layton

Point of Privilege by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Privilege, stated that the noise level in the Chamber was disruptive to the proceedings.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that everyone present in the Chamber should keep the noise level down.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, asked Speaker Nunziata why she hadn't cut off Councillor Di Ciano when he was questioning staff.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she had interrupted Councillor Di Ciano to remind him to ask a question.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Cho's questions were not related to clarification of the motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and reminded Councillor Cho to ask questions on clarification of the motion.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that Speaker Nunziata was editorializing during the debate and Councillor Perks further stated that whether to debate an item is not up to the Speaker and that it is Members' right.


Point of Order by Mayor John Tory

Mayor Tory, rising on a Point of Order, stated that a process had been conducted and that staff had previously invited Members to be involved in the review of the City of Toronto Act, 2006.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that Mayor Tory did not have a Point of Order and rather, was debating the item.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that Mayor Tory was just making a point.


Point of Order by Mayor John Tory

Mayor Tory, rising on a Point of Order, stated that he was speaking on the process.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Carroll's questions were not clarification of the motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Carroll should ask questions on clarification of the motion.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that Members should hold their comments and be respectful when others are speaking.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor Karygiannis for his remarks.


Point of Privilege by Councillor Mary-Margaret McMahon

Councillor McMahon, rising on a Point of Privilege, stated that she took offence at remarks made by Councillor Mammoliti concerning term limits and that she is not rubber stamping.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor McMahon did not have a Point of Privilege.

EX8.1 - Five-Year Review of the City of Toronto Act, 2006

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council confirm the proposed amendments to the City of Toronto Act, 2006 ("COTA") identified in Attachment 1 to the report (September 4, 2015) from the City Manager, for submission to the Province of Ontario as part of the COTA 5-year Review and authorize the Mayor and City Manager to negotiate any details as required.

 

2.  City Council request the City Manager to submit to the Province of Ontario the key comments from the Members of Council summarized in Attachment 2 to the report (September 4, 2015) from the City Manager, related to the Municipal Elections Act, 1996 and the Municipal Conflict of Interest Act.

 

3. City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

a.  that the final date to register as a candidate for a municipal election be one week prior to the final date to withdraw as a candidate;

 

b.  that the Province review the proxy voting procedures for Municipal Elections;

 

c.  that only residents whose principal residence is located in the City of Toronto are eligible as a candidate for municipal elections in the City of Toronto;

 

d.  that the Harmonized Sales Tax does not count toward a candidate's campaign spending limit;

 

e.  that candidates who have been subject to a Compliance Audit or Compliance Audit Request can re-open their campaign to raise funds to cover all legal and accounting fees, including those for any appeal of a Compliance Audit Committee decision;

 

f.  that the resolution passed by City Council in June 2013 to allow permanent residents the right to vote in municipal elections be further explored where the necessary legislation applies to provincial elections; and

 

g.  that the Province consider the resolution passed by City Council in July 2010 to initiate electoral reform to institute a permanent municipal voters list compiled and maintained by an organization such as Elections Ontario. 

 

4.  City Council request the City Manager, in consultation with the City Clerk and City Solicitor, to review the delegation of matters to Community Councils and report back on any required amendments to Toronto Municipal Code Chapter 27, Council Procedures.

 

5.  City Council authorize the Mayor and the City Manager to execute current and future renewals of the Toronto-Ontario Cooperation and Consultation Agreement as required.

Origin

(September 4, 2015) Report from the City Manager

Summary

In June 2015, the Province of Ontario launched a review of municipal legislation that includes the Municipal Elections Act, 1996 (MEA), Municipal Conflict of Interest Act (MCIA), Municipal Act, 2001 (that pertains to all other municipalities in Ontario except Toronto) and the City of Toronto Act, 2006 (COTA).  The review focuses on three broad areas: accountability and transparency, financial sustainability, and responsive and flexible service delivery.  To inform the Provincial review, the City launched its own review that covered the three provincial statutes that pertain to Toronto and considered prior Council decisions related to the statutes, the City's experience with the legislation, jurisdictional and legal research, and consultations with Members of Council.

 

Review of MEA and MCIA

 

The City Clerk submitted prior Council requested MEA amendments to the Province of Ontario directly.  There are no current Council requests related to the MCIA.  This report recommends that Council forward the key comments from Members of Council related to the MEA and MCIA as outlined in Attachment 2 to the Province.  

 

Review of COTA

 

The City's review process confirms that COTA is generally working well and provides the City with most of the authorities and tools it requires to undertake its responsibilities.  This report recommends that a number of key policy and technical amendments to COTA be confirmed by City Council for submission to the Province, including amendments requested by City Council previously and others identified through the City's review process.  The proposed policy amendments will (1) increase the City's authority for more effective decision making in key areas; (2) provide improved flexibility to enhance service delivery; (3) support financial sustainability; and (4) improve accountability and transparency.  The technical amendments will clarify intent, increase flexibility and update some provisions.


Financial Sustainability

 

COTA prescribes the financial tools the City can implement.  The City Manager is of the view that it should be at the discretion of City Council to determine which revenue tools to implement and for what purpose.  Revenue tools need to be considered within the broader context of the City's financial sustainability and Long Term Fiscal Plan. The Deputy City Manager and Chief Financial Officer will bring forward an updated Long Term Fiscal Plan later this fall to Executive Committee.  Council decisions related to revenue tools will be forwarded to the Province at that time as an addendum to the City's submission.

 

Delegation to Community Councils

 

Delegation of additional matters for final decision-making to Community Councils was raised during the Review process.  There may be opportunities to streamline decision-making further by delegating more local decision making to Community Councils particularly related to limitations to the delegation of authority imposed by City Council.  There may also be opportunities to delegate administrative matters from Community Councils to City officials.  This report recommends that the City Manager, in consultation with the City Clerk and City Solicitor, undertake a review of the delegation to Community Councils to identify additional opportunities to delegate decision-making.

 

Review of Other Legislation

 

Through the COTA 5-Year Review, areas of improvement have been identified for City programs and services which are governed or regulated under other legislation including the Provincial Offences Act, Liquor Licensing Act, the Ontario Building Code, and the Highway Traffic Act. Each of these areas will require further review, analysis and direction from City Council.  To facilitate a review of non-COTA legislative reform and requests of other governments, the City Manager's Office will coordinate a cyclical review of City Council decisions and staff advice on intergovernmental matters as input to the annual City Operating and Capital Budget review.

 

Toronto-Ontario Cooperation and Consultation Agreement

 

COTA provides for a Toronto-Ontario Cooperation and Consultation Agreement (T-OCCA). This agreement, which was signed in 2008 and renewed in 2011, provides a formal process for ongoing City-Provincial consultation on matters of mutual interest.

 

As the term of T-OCCA has recently expired, this report recommends that City Council authorize the Mayor and City Manager to execute the renewal of the current and future agreements as required.

Background Information

(September 4, 2015) Report from the City Manager on Five-Year Review of the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83510.pdf
Attachment 1 - Proposed Amendments to the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83511.pdf
Attachment 2 - Key Comments from Council Member Consultations - Municipal Elections Act, 1996 and Municipal Conflict of Interest Act
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83513.pdf
Attachment 3 - City Council's Decision History related to the City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83515.pdf
Attachment 4 - City Council's Decision History related to the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-83524.pdf

Speakers

Councillor Pam McConnell

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Mary-Margaret McMahon (Lost)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

1. That term limits for all municipal elected officials be considered.

Vote (Amend Item (Additional)) Sep-21-2015

Result: Lost Majority Required
Total members that voted Yes: 4 Members that voted Yes are Ana Bail„o, Mary-Margaret McMahon, Jaye Robinson, John Tory (Chair)
Total members that voted No: 8 Members that voted No are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Frank Di Giorgio, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Michael Thompson
Total members that were Absent: 1 Members that were absent are David Shiner

2 - Motion to Amend Item (Additional) moved by Councillor Mary-Margaret McMahon (Carried)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

1. That the final date to register as a candidate for a municipal election be one week prior to the final date to withdraw as a candidate.

 

2. That the Province review the proxy voting procedures for Municipal Elections.


3 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

1.  That only residents whose principal residence is located in the City of Toronto are eligible as a candidate for municipal elections in the City of Toronto.

 

2.  That the Harmonized Sales Tax does not count toward a candidate's campaign spending limit.

 

3.  That candidates who have been subject to a Compliance Audit or Compliance Audit Request can re-open their campaign to raise funds to cover all legal and accounting fees, including those for any appeal of a Compliance Audit Committee decision.


4 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Lost)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act: 

 

1.  That only donors whose principal residence is located in the City of Toronto are eligible for the donation rebate program.

Vote (Amend Item (Additional)) Sep-21-2015

Result: Lost (tie) Majority Required
Total members that voted Yes: 6 Members that voted Yes are Paul Ainslie, Mary-Margaret McMahon, Cesar Palacio, James Pasternak, Jaye Robinson, John Tory (Chair)
Total members that voted No: 6 Members that voted No are Ana Bail„o, Michelle Berardinetti, Gary Crawford, Frank Di Giorgio, Denzil Minnan-Wong, Michael Thompson
Total members that were Absent: 1 Members that were absent are David Shiner

5 - Motion to Amend Item (Additional) moved by Councillor Cesar Palacio (Carried)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

1. That the resolution passed by Council in June 2013 to allow permanent residents the right to vote in municipal elections be further explored where the necessary legislation applies to provincial elections.

Vote (Amend Item (Additional)) Sep-21-2015

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Frank Di Giorgio, Mary-Margaret McMahon, Cesar Palacio, James Pasternak, Michael Thompson
Total members that voted No: 5 Members that voted No are Paul Ainslie, Gary Crawford, Denzil Minnan-Wong, Jaye Robinson, John Tory (Chair)
Total members that were Absent: 1 Members that were absent are David Shiner

6 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)

That City Council request the City Manager to include the following comments in the submission made to the Province of Ontario related to the Municipal Elections Act:

 

1. That the Province consider the resolution passed in July 2010 by City Council to initiate electoral reform to institute a permanent municipal voters list compiled and maintained by an organization such as Elections Ontario.


7 - Motion to Adopt Item as Amended moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council