Item - 2025.CC30.5

That City Council adopt the following recommendation in the supplementary report (May 16, 2025) from the City Solicitor [CC30.5a]:

1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and is about litigation or potential litigation that affects the City of Toronto.

That City Council amend recommendation 3 in the report (May 13, 2025) from the City Manager to delete "General Manager, Transportation Services" and replace with "City Manager" and delete "Transportation Services'" so that it now reads:

3. City Council direct the General Manager, Transportation Services City Manager to manage in-year costs for staffing and resourcing for the administration of the proposed by-law amendment within the Transportation Services' 2025 Operating Budget, and include future staffing and resourcing required through future budget processes. 

That:

1. City Council request the Fire Chief and General Manager, Toronto Fire Services, the Chief and General Manager Toronto Paramedic Services, and the Executive Director, Toronto Emergency Management to work with the property owner, upon the establishment of an Access Area, to establish a safe access plan as needed, including a threshold for implementation, to be guided and enforced by local by-laws. 

That City Council amend section 743-55 A (1) of the proposed by-law by deleting the word "disapproval" and replacing it with the word "discouragement" so that it now reads as follows:

A. While in an Access Area, no person shall:

(1) perform or attempt to perform an act of disapproval discouragement concerning a person’s attendance at, use of, or attempts to attend or use Social Infrastructure;

That City Council amend section 743-55 B (2) of the proposed by-law by adding the words "including where the Childcare Centre, Place of Worship or School is co-located with other uses" so that it now reads as follows

(2) the times when the Social Infrastructure adjacent to the Access Area is being used by the Owner for the primary purposes of its operation as a Childcare Centre, Place of Worship or School, including where the Childcare Centre, Place of Worship or School is co-located with other uses.

That:

1. City Council amend the proposed by-law by adding the following definition to section 743-54, as defined in section 102 (1) of the Courts of Justice Act:

LABOUR DISPUTE -  a dispute or difference concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 

2. City Council amend the proposed by-law by deleting section 743-55 (D):

Clause to be deleted:

D. For greater certainty, Subsection A does not prohibit peaceful gatherings, protests or demonstrations, including any such activities that occur as part of a labour union strike, information pickets and/or activities related to labour disputes.

and replacing it with the following:

D. For greater certainty, Subsection A applies only to those activities as set out in § 743-55 A and does not prohibit peaceful gatherings, protests or demonstrations, including any activities that occur as part of a labour union strike, information pickets and/or activities related to labour disputes, as defined in section 743-54, including secondary or primary picketing.

City Council amend the proposed by-law by deleting clause 743-56 (A):

Clause to be deleted:

743-56 A. The General Manager shall establish an Access Area for Social Infrastructure if:

(1) The City receives a request from an Owner of Social Infrastructure in a form prescribed by the General Manager that meets the following criteria:

(a) The Owner attests that an activity listed in subsection 55A has occurred within the previous 90 days on City Property located within 20.0 metres from the boundaries of the property on which their Social Infrastructure is located;

(b) The Owner attests that access to the Social Infrastructure has been impeded as a result of the activity listed in subsection 55A that has occurred within the previous 90 days; and

(c) The Owner attests that they have reason to believe an activity listed in subsection 55A will occur again or continue to occur on any City Property located within 20.0 metres from the boundaries of the property on which their Social Infrastructure is located.

and replacing it with the following:

743-56 (A). The General Manager shall establish an Access Area for Social Infrastructure if the City receives a request from an Owner of Social Infrastructure in a form prescribed by the General Manager in which the owner attests that they reasonably believe an activity listed in subsection 55A may occur on any City Property located within 20.0 metres from the boundaries of the property on which their Social Infrastructure is located.

That:

1. City Council amend section 743-56 of the proposed by-law to provide that the term of an access area and the term of renewal of an access area be increased from 180 days to one year.

That City Council amend the proposed by-law to provide that:

1. An Enforcement Officer may request assistance from a Police Officer to respond to alleged contraventions of this Article.

That City Council amend section 743-58 D of the proposed by-law by adding the words "supported by a Police Officer as needed" after the words "Enforcement Officer" so that it now reads as follows:

D. An Enforcement Officer, supported by a Police Officer as needed who finds a contravention of this Article may make one or more orders requiring discontinuance of the contravening activity or to do work to correct the contravention under section 384 or 385 of the City of Toronto Act, 2006.

City Council amend the proposed by-law by deleting clause 743-56 E:

Clause to be deleted

E. False, inaccurate, misleading request. 

(1) No Owner shall provide inaccurate, misleading or otherwise incorrect information in their attestations or request to the City. 

(2) If an Owner is convicted of an offence under Subsection E(1), the General Manager shall immediately rescind the establishment of the Access Area. 

That:

1. City Council amend the proposed by-law amendment to provide access to social infrastructure by deleting all references to "20 metres" and replacing them with "100 metres".

That:

1. City Council amend the proposed by-law amendment to provide access to social infrastructure by deleting all references to "20 metres" and replacing them with "50 metres".

That:

1. City Council waive its solicitor-client privilege and authorize the public release of Confidential Attachment 1 to the supplementary report (May 16, 2025) from the City Solicitor at the conclusion of the May 21, 22 and 23, 2025, City Council meeting.

That City Council delete Recommendation 3.

Recommendation to be deleted:

3. City Council direct the General Manager, Transportation Services to manage in-year costs for staffing and resourcing for the administration of the proposed by-law amendment within Transportation Services' 2025 Operating Budget, and include future staffing and resourcing required through future budget processes.

and adopt instead the following new recommendation:

 1. City Council request the Toronto Police Service Board to recommend that the Toronto Police Service enforce the proposed by-law amendment attached as Attachment 5 to the report (May 13, 2025) from the City Manager.

That: 

1. City Council defer consideration of the item until such time as the Government of Canada completes the work as described in the report from the City Manager and has introduced a bill to Parliament relating to access to places of worship, schools and community centres.

Council amend motion 2 by Councillor Moise to delete the words "completes the work as described in the report from the City Manager and", delete the word "introduced" and replace it with the the word "passed", and add the words "and the City Manager reports to Council with an analysis of whether the Federal legislation would take precedence and address the Charter challenge"

1. City Council defer consideration of the item until such time as the Government of Canada completes the work as described in the report from the City Manager and has passed introduced a bill to Parliament relating to access to places of worship, schools and community centres, and the City Manager reports to Council with an analysis of whether the Federal legislation would take precedence and address the Charter challenge.

That City Council amend section 743-55 A (1) of the proposed by-law by deleting the words "an act" and replacing them with the words "a targeted act", deleting the words "disapproval concerning" and replacing them with the words "discouragement directed at a specific", and adding the words "during periods the property is hosting its primary purpose" so that it now reads as follows:

A. While in an Access Area, no person shall:

(1) perform or attempt to perform an act a targeted act of disapproval concerning discouragement directed at a specific person’s attendance at, use of, or attempts to attend or use Social Infrastructure during periods the property is hosting its primary purpose;

That City Council:

1. City Council delete section 743-56 headed "Establishing Access Area" in its entirety, including the requirements that Access Areas only be established on the receipt of a request meeting the listed requirements and that Access Areas only be in place for a 180-day term; and

2. City establish Access Areas around all social Infrastructure as defined in the proposed by-law amendment.

That:

1. City Council amend part 2 of motion 4e by Councillor Chernos Lin by amending her proposed new part D by:

a. adding the words "lawful activities protected by the Canadian Charter of Rights and Freedoms including" after the words "does not prohibit"; and

b. adding the words "display of placards or distribution of pamphlets" after the words "protests or demonstrations,"

so that part D reads as follows:

D. For greater certainty, Subsection A applies only to those activities as set out in § 743-55 A and does not prohibit lawful activities protected by the Canadian Charter of Rights and Freedoms including peaceful gatherings, protests or demonstrations, display of placards or distribution of pamphlets, including any activities that occur as part of a labour union strike, information pickets and/or activities related to labour disputes, as defined in section 743-54, including secondary or primary picketing.