Item - 2026.EX29.7

The Executive Committee recommends that:

1. City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to enter into amendments to the Subway Program Real Estate Protocol that may be required based upon the requirements set out in Attachment 1 to the report (February 24, 2026) from the Executive Director, Transit Expansion.

2. City Council delegate authority to each of the Executive Director, Corporate Real Estate Management and the Director, Real Estate Services, severally, to approve and enter into nominal temporary licences with Metrolinx where required for the Subways Program, provided that the lands impacted by such licences are not required by the City for municipal purposes during the term of such temporary licence.

3. City Council authorize the Executive Director, Transit Expansion, in consultation with the General Manager, Transportation Services and the Executive Director, Corporate Real Estate Management and any other applicable Division Heads, to negotiate, enter into and execute an agreement with Metrolinx, including amendments and renewals, outlining the framework governing responsibility for Metrolinx temporary support structures, installed and located within City lands, including the City’s right-of-way, as a result of the construction of Metrolinx transit projects, in a form satisfactory to the City Solicitor and on terms and conditions satisfactory to the Executive Director, Transit Expansion, in consultation with the General Manager, Transportation Services and the Executive Director, Corporate Real Estate Management.

4. City Council severally authorize the General Manager, Transportation Services and the Executive Director, Corporate Real Estate Management, to negotiate, enter into and execute nominal licence agreements with Metrolinx or grant nominal easements to Metrolinx, including amendments and renewals that may be required, relating to specific support structures installed and located within City lands, including the City’s right-of-way, as a result of the construction of Metrolinx transit projects, providing for the parties’ rights and responsibilities for their maintenance, removal and other requirements as required by the City, on terms and conditions satisfactory to the General Manager, Transportation Services with respect to tiebacks and/or support structures within the right-of-way and the Executive Director, Corporate Real Estate Management with respect to tiebacks and/or support structures on any other City Land, and in a form satisfactory to the City Solicitor.

5. City Council authorize the City Solicitor to complete the transaction(s) contemplated in Recommendations 2, 3 and 4 above and associated agreements on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as the City Solicitor considers reasonable.

The Province of Ontario's Subway Program, being delivered by Metrolinx, is a significant transit expansion plan underway in the City of Toronto and consists of four projects: the Ontario Line, Scarborough Subway Extension, Eglinton Crosstown West Extension, and Yonge North Subway Extension.

This report seeks authorities from City Council as follows for Metrolinx’s transit expansion projects:

1. Subway Program Real Estate Protocol (REP): City staff are requesting authority to amend technical provisions of the existing Real Estate Protocol following a joint review of the Real Estate Protocol framework. The updates would allow for additional flexibility for nominal temporary construction licences and the timeframe within which fair market value is determined, in both cases at the City’s discretion.

2. Support Structures Agreements with Metrolinx: City staff are seeking to enter into an agreement with Metrolinx in accordance with the terms and conditions outlined in this report related to Metrolinx tiebacks and other support structures installed within City lands, including the City’s right of way, as a result of the construction of Metrolinx transit projects. Staff are recommending that the tiebacks and support structures installed be permitted to remain in place within City lands in limited circumstances, provided that the City is protected from any losses, costs or damages resulting from the presence of the temporary tiebacks.

This report also provides updates on the implementation of Metrolinx’s Subway Program including progress of construction underway for each Subway project and the findings of the recently released Metrolinx 2024-2025 Community Benefits and Supports Annual Report.