Item - 2022.CC41.5

City Council on March 9, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (February 28, 2022) from the City Solicitor, including any part of them, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (February 28, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (February 28, 2022) from the City Solicitor, including any part of them, will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

March 29, 2022

The Confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 2022) from the City Solicitor were adopted by City Council.  The following confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council authorize the City Solicitor and other appropriate staff to request the Ontario Land Tribunal to modify and partially approve non-policy text, policies and maps in Official Plan Amendment 469 substantially in accordance with Confidential Appendix A to the report (February 28, 2022) from the City Solicitor and to ensure that such modifications are appropriately reflected within the Official Plan Amendment 469 policies and maps in a manner satisfactory to the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 469, in Confidential Appendix A to the report (February 28, 2022) from the City Solicitor, including to any associated maps, as deemed necessary in the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning.

4.  City Council direct the City Solicitor to continue discussions with other Official Plan Amendment 469 appellants in an effort to resolve their remaining issues, and to take all necessary steps to bring resolution to the matter, in consultation with the Chief Planner and Executive Director, City Planning.

Confidential Appendix A to the report (February 28, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendices B and C to the report (February 28, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendices B and C to the report (February 28, 2022) from the City Solicitor, including any part of them, will be made public at the discretion of the City Solicitor. 

April 19, 2022

The following confidential instruction to staff has also been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public:

6.  City Council authorize the City Solicitor to seek revisions to the policies as set out in Confidential Appendix C to the report (February 28, 2022) with any further minor modifications as determined by the Chief Planner and Executive Director, City Planning, if in the opinion of the City Solicitor it will resolve all of the appeal of Official Plan Amendment 469 by Appellant 5.

Confidential Appendix C to the report (February 28, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council).