Item - 2016.EX13.20

Tracking Status

  • City Council adopted this item on March 31, 2016 with amendments.
  • This item was considered by the Executive Committee on March 9, 2016 and adopted without amendment. It will be considered by City Council on March 31, 2016.
  • See also TS3.4

EX13.20 - Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 31 and April 1, 2016, adopted the following:

 

1.   City Council request the Province of Ontario to report on the outcomes of 2015 stakeholder consultations on Ontario Regulation 444/98.

 

2.   City Council request the Province of Ontario to implement the following reforms to Ontario Regulation 444/98 as soon as possible:

 

a.   to extend the preliminary circulation period to 180 days, inclusive of 90 days for expressions of interest and 90 days for formal offers;

 

b.   to include ministerial approvals within the circulation period;

 

c.   to broaden the public sector circulation list to increase opportunities to acquire a surplus school property for public sector use; and

 

d.   to ensure that coterminous school boards continue to have priority access to acquire a viable surplus school property for use as a school.

 

3.  City Council request the Province of Ontario to immediately amend Ontario Regulation 444/98 s. 8.1 (a) such that City of Toronto and school boards are eligible to make an offer for the sale or lease of Toronto District School Board surplus school property at the school replacement value described in Ontario Regulation 444/98 s. 8.2, in response to the Toronto District School Board's disposition of a significant quantity of surplus schools between 2016 and 2019.

 

4.   City Council request the Province of Ontario to commence consultations on exemptions to fair market value pricing on surplus school properties and conditional on funding tools to keep school boards "whole", as described in Community Hubs in Ontario: A Strategic Framework and Action Plan and to include the City of Toronto and Toronto School Boards as stakeholders during these consultations.

 

5. City Council urge the Province of Ontario to coordinate actively across ministries, school boards, and other public sector bodies to retain in public ownership those surplus Toronto District School Board properties that represent valuable public infrastructure, particularly properties where provincially-funded services, including mental health services, child and youth services, and community and social services are already being delivered.

 

6. City Council urge the Province of Ontario to apply appropriate financing tools to ensure that that seller school boards are made whole through the disposition of school properties to public sector entities.

 

7. City Council direct the Executive Director, Social Development, Finance and Administration, working in coordination with the General Manager, Children's Services, the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the Chief Planner and Executive Director, City Planning to assess municipal interests in the school properties that have been identified by the Toronto District School Board for potential surplus declaration during the period 2016-2019, in order to provide a transparent framework for City investment decisions related to school properties, and to report back to Executive Committee on the results of this analysis by June 2016.

 

8. City Council request the Toronto District School Board and the Ministry of Education to accommodate the City of Toronto's June 2016 analysis of municipal interests in school properties, within the Toronto District School Board's disposition of surplus schools process and timeline.

 

9.  City Council forward Item EX13.20 to the four school boards operating in Toronto, and to the Province of Ontario.

Background Information (Committee)

(February 11, 2016) Letter from the City-School Boards Advisory Committee on Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90654.pdf
(February 2, 2016) Report from the Executive Director, Social Development, Finance and Administration on Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90645.pdf

Background Information (City Council)

(March 24, 2016) Supplementary report from the Executive Director, Social Development, Finance and Administration on Steps to Respond to the Toronto District School Board Disposition of Surplus Properties under Ontario Regulation 444/98 (EX13.20a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-91634.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That City Council adopt the following recommendations contained in the supplementary report (March 24, 2016) from the Executive Director, Social Development, Finance and Administration [EX13.20a]:

 

1. City Council direct the Executive Director, Social Development, Finance and Administration, working in coordination with the General Manager of Children's Services, the General Manager of Parks, Forestry and Recreation, the Director of Real Estate Services and the Chief Planner and Executive Director of City Planning to assess municipal interests in the school properties that have been identified by the Toronto District School Board for potential surplus declaration during the period 2016-2019, in order to provide a transparent framework for City investment decisions related to school properties, and to report back to Executive Committee on the results of this analysis by June 2016.

 

2. City Council request the Toronto District School Board and the Ministry of Education to accommodate the City of Toronto's June 2016 analysis of municipal interests in school properties, within the Board's disposition of surplus schools process and timeline.

 

3.  City Council request the Government of Ontario to immediately amend O. Reg 444/98 s. 8.1 (a) such that City of Toronto and school boards are eligible to make an offer for the sale or lease of Toronto District School Board surplus school property at the school replacement value described in O. Reg 444/98 s. 8.2, in response to the Toronto District School Board's disposition of a significant quantity of surplus schools between 2016 and 2019.

 

4.   City Council urge the Government of Ontario to coordinate actively across ministries, school boards, and other public sector bodies to retain in public ownership those surplus TDSB properties that represent valuable public infrastructure, particularly properties where provincially-funded services, including mental health services, child and youth services, and community and social services are already being delivered.

 

5.   City Council urge the Government of Ontario to apply appropriate financing tools to ensure that that seller school boards are made whole through the disposition of school properties to public sector entities.

Vote (Amend Item (Additional)) Mar-31-2016 10:25 PM

Result: Carried Majority Required - EX13.20 - Matlow - motion 1
Total members that voted Yes: 39 Members that voted Yes are Ana Bail„o, 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, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Maria Augimeri, Paula Fletcher, Giorgio Mammoliti, Ron Moeser

Motion to Adopt Item as Amended (Carried)

EX13.20 - Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.   City Council request the Province of Ontario to report on the outcomes of 2015 stakeholder consultations on Ontario Regulation 444/98.

 

2.   City Council request the Province of Ontario to implement the following reforms to Ontario Regulation 444/98 as soon as possible:

 

a.   to extend the preliminary circulation period to 180 days, inclusive of 90 days for expressions of interest and 90 days for formal offers;

 

b.   to include ministerial approvals within the circulation period;

 

c.   to broaden the public sector circulation list to increase opportunities to acquire a surplus school property for public sector use;

 

d.   to ensure that coterminous school boards continue to have priority access to acquire a viable surplus school property for use as a school.

 

3.   City Council request the Province of Ontario to commence consultations on exemptions to fair market value pricing on surplus school properties and conditional on funding tools to keep school boards "whole", as described in Community Hubs in Ontario: A Strategic Framework and Action Plan and to include the City of Toronto and Toronto School Boards as stakeholders during these consultations.

 

4.   City Council forward the report (February 2, 2016) from the Executive Director, Finance and Administration to the four School Boards operating in Toronto, and if approved, to the Government of Ontario.

Origin

(February 11, 2016) Letter from the City-School Boards Advisory Committee

Summary

This report summarizes the City of Toronto and the Toronto school boards' response to recent provincial consultations on Ontario Regulation 444/98. The City and school boards generally agree with proposed reforms to the regulation; however they also agree that barriers to cooperation will persist in Toronto because the Province's proposed reforms do not address school capital funding, exemptions on fair market value pricing on surplus properties, or alternative funding tools to keep school boards "whole". The Province's Community Hubs Secretariat has encouraged the City-School Boards Advisory Committee to offer ideas for resolving these challenges.

Background Information

(February 11, 2016) Letter from the City-School Boards Advisory Committee on Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90654.pdf
(February 2, 2016) Report from the Executive Director, Social Development, Finance and Administration on Toronto Response to Proposed Revisions to Ontario Regulation 444/98 - Disposition of Real Property
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90645.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Ana Bail„o (Carried)
Source: Toronto City Clerk at www.toronto.ca/council