Item - 2022.GL32.25

The General Government and Licensing Committee recommends that:  

1. City Council authorize the Executive Director, Corporate Real Estate Management to continue negotiations for the acquisition of the temporary easements listed in Appendix A to the report (June 17, 2022) from the Executive Director, Corporate Real Estate Management, and displayed on the maps attached as Appendix B (the "Easements") to the report (June 17, 2022) from the Executive Director, Corporate Real Estate Management, and as Approving Authority, authorize the initiation of the expropriation process for the acquisition of the Easements for the purpose of completing the proposed Mid-Town Storm Sewer Relief Project (the "Project").

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notice of Application for Approval to Expropriate the Easements, to forward to the Ontario Land Tribunal any requests for inquiries received, to attend any hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for consideration.

This report seeks authority to commence expropriation proceedings to acquire temporary easements (the "Easements") involving the properties listed in Appendix A

(the "Properties") for the purpose of completing the proposed Mid-Town Storm Sewer Relief Project (the "Project"). 

This is Stage One of the expropriation process. Should City Council adopt the recommendations in this report, City staff may serve and publish the Notice of Application for Approval to Expropriate on each registered owner. Owners, as defined in the Expropriations Act (the "Act"), will have 30 days to request a hearing into whether the City's proposed taking is fair, sound and reasonably necessary.

Staff may report back to City Council with a Stage Two report, providing details on property values and other costs, and if a hearing is requested, the report of the Ontario Land Tribunal. The proposed expropriation would only be effected, after adoption by City Council, as approving authority, of the Stage Two report, by registration of an expropriation plan, which would then be followed by the service of notices as required by the Act.

Before the City can take possession of the expropriated property, offers of compensation based on appraisal reports must be served on each registered owner.