Item - 2019.MM12.29

Tracking Status

  • City Council adopted this item on November 26, 2019 without amendments.

MM12.29 - Bill 138 - Preliminary City Comments - by Councillor Ana Bail„o, seconded by Councillor Paula Fletcher

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on November 26 and 27, 2019, adopted the following:

 

1. City Council authorize the City Manager, the Chief Financial Officer and Treasurer and other City Officials, as appropriate, to provide input to the Province on Bill 138 on policy and financial matters and any associated regulations.

 

2. City Council forward the report (November 25, 2019) from the Chief Financial Officer and Treasurer and the Chief Planner and Executive Director, City Planning,to the Ontario Minister of Municipal Affairs and Housing and the Minister of Finance for their consideration.

 

3. City Council request the Province to include legislative authority to register agreements on title to the land to which it applies for in-kind contributions, allowing the municipality to enforce the provision of the agreement against the owner, and any and all subsequent owners of the lands.

 

4. City Council request the Province to include legislative authority to register priority lien agreements against the land to which it applies for Development Charges deferrals, allowing the municipality to enforce the provision of the agreement against the owner,  and any and all subsequent owners of the land, including the requirement for adequate security.

 

5. City Council request the Province to reinstate a municipality’s authority to apply the Inclusionary Zoning provisions of the Planning Act more broadly than in Protected Major Transit Station and Minister ordered Development Permit System areas.

 

6. City Council request the Province to remove the provision for appeal rights of the municipality's Community Benefits Charge by-law and use the forthcoming Community Benefits Charge Regulation to provide transparency on the components and maximum value of the charge and required consultation.

 

7. City Council request the Province to remedy the fundamental structural issues of using a land value tool to address cost recovery based services for the 'soft' Development Charges and Section 37 portions of the Community Benefits Charge by-law and to retain separate provisions for parkland dedication under the Planning Act, in order to ensure revenue neutrality for municipalities.

 

8. City Council request that proclamation of amendments to the Development Charges Act occurs no sooner than the Community Benefits Change by-law coming into full force and effect to maintain the Province's stated objectives of revenue neutrality for municipalities and that growth-pays-for-growth.

 

9. City Council request the Province to provide for the minimum of two years from the date of the proclamation of the new Community Benefits provisions in the Planning Act for municipalities to bring a Community Benefits Charge by-law into force.

Background Information (City Council)

Member Motion MM12.29
https://www.toronto.ca/legdocs/mmis/2019/mm/bgrd/backgroundfile-140624.pdf
(November 25, 2019) Report from the Chief Financial Officer and Treasurer and the Chief Planner and Executive Director, City Planning on Bill 138 - Preliminary City Comments
https://www.toronto.ca/legdocs/mmis/2019/mm/bgrd/backgroundfile-140626.pdf

Communications (City Council)

(November 27, 2019) Letter from Eileen Denny (MM.New.MM12.29.1)
https://www.toronto.ca/legdocs/mmis/2019/mm/comm/communicationfile-99362.pdf
(November 27, 2019) Letter from Eileen Denny (MM.New.MM12.29.2)
https://www.toronto.ca/legdocs/mmis/2019/mm/comm/communicationfile-99365.pdf

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Paula Fletcher (Carried)

That Councillor Ana Bailão be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning: 

 

Bill 138 - Preliminary City Comments

  

Reason for Urgency:

 

This Motion is urgent as the commenting period on Bill 138 will close before the next Council meeting.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-27-2019 2:39 PM

Result: Carried Majority Required - MM12.29 - Adopt the item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Michael Ford
Total members that were Absent: 2 Members that were absent are Jaye Robinson, John Tory
Source: Toronto City Clerk at www.toronto.ca/council