Item - 2019.MM7.17

Tracking Status

  • City Council adopted this item on May 14, 2019 without amendments.

MM7.17 - Imperial Oil Application to the Ontario Energy Board for the Waterdown to Finch Project - Authority for City Intervention - by Councillor Anthony Perruzza, seconded by Councillor Mike Layton

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on May 14 and 15, 2019, adopted the following:

 

1. City Council direct City staff to continue to review the Imperial Oil application and any further supporting material, and consult with Imperial Oil, in an effort to resolve any concerns.

 

2. City Council authorize the City Solicitor to proceed with the City's application to participate in the Ontario Energy Board proceedings as an intervenor in relation to any unresolved concerns.

 

3. City Council authorize funds, as outlined in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water, be made available to obtain such assistance as necessary in the opinion of the City Solicitor, in consultation with the General Manager of Toronto Water, to represent the City's interests at the Ontario Energy Board.

 

4. City Council authorize staff to liaise with other affected municipalities and Conservation Authorities to discuss coordination of responses to Imperial Oil's application.

 

5. If the City's application for intervention is granted, City Council authorize the City Solicitor to subsequently withdraw the City's participation as an intervenor once all issues of concern to the City have been resolved to the satisfaction of the City Solicitor, in consultation with the General Manager, Toronto Water.

 

6. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water.

 

7. City Council direct that Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remain confidential until the release of the final decision of the Ontario Energy Board including any appeals or judicial review.

 

Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water will be made public with the release of the final decision of the Ontario Energy Board including any appeals or judicial review.

Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

Member Motion MM7.17
https://www.toronto.ca/legdocs/mmis/2019/mm/bgrd/backgroundfile-133113.pdf
(May 10, 2019) Report from the City Solicitor and the General Manager, Toronto Water on Imperial Oil Application to the Ontario Energy Board for the Waterdown to Finch Project - Authority for City Intervention
https://www.toronto.ca/legdocs/mmis/2019/mm/bgrd/backgroundfile-133137.pdf
Public Appendix 1 - Imperial Waterdown to Finch Project Location
https://www.toronto.ca/legdocs/mmis/2019/mm/bgrd/backgroundfile-133138.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Anthony Perruzza (Carried)

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

 

Imperial Oil Application to the Ontario Energy Board for the Waterdown to Finch Project – Authority for City Intervention

 

Reason for Urgency:

 

This Motion is urgent because the City's application as an intervenor to the Ontario Energy Board will give the City the right to participate in the proceedings which usually involve very tight time frames. 

Vote (Introduce Motion without Notice) May-14-2019 2:19 PM

Result: Carried Two-Thirds full Council Required - Add urgent motion - Perruzza
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Denzil Minnan-Wong
Total members that were Absent: 0 Members that were absent are

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-15-2019 3:28 PM

Result: Carried Majority Required - MM7.17 - Adopt the item
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, 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, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council