Agenda

This meeting of City Council will be conducted with Members participating in person and remotely and the proceedings of City Council will be conducted publicly.

Notice to people writing to Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees. The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

Closed Meeting Requirements: If Council wants to meet in closed session (privately), a Member of Council must place a motion to do so and give the reason why Council has to meet privately (City of Toronto Act, 2006).

March 24, 2023

toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

- O Canada

- Moment of Silence

City Council will confirm the Minutes from the regular meeting held on February 7 and 8, 2023 and the special meeting held on February 15, 2023.

Report of the Executive Committee from Meeting 3 on March 21, 2023

Submitted by Deputy Mayor Jennifer McKelvie

Report of the Audit Committee from Meeting 1 on February 13, 2023

Submitted by Councillor Stephen Holyday, Chair

Report of the Civic Appointments Committee from Meeting 4 on March 6, 2023

Submitted by Councillor Gary Crawford, Chair

Report of the Economic and Community Development Committee from Meeting 2 on February 16, 2023

Submitted by Councillor Shelley Carroll, Chair

Report of the General Government Committee from Meeting 2 on March 3, 2023

Submitted by Councillor James Pasternak, Chair

Report of the Infrastructure and Environment Committee from Meeting 2 on March 20, 2023

Submitted by Deputy Mayor Jennifer McKelvie, Chair

Report of the Planning and Housing Committee from Meeting 2 on February 28, 2023

Submitted by Councillor Brad Bradford, Chair

Report of the Etobicoke York Community Council from Meeting 3 on February 27, 2023

Submitted by Councillor Stephen Holyday, Chair

Report of the North York Community Council from Meeting 3 on February 22, 2023

Submitted by Councillor James Pasternak, Chair 

Report of the Scarborough Community Council from Meeting 3 on February 24, 2023

Submitted by Councillor Paul Ainslie, Chair 

Report of the Toronto and East York Community Council from Meeting 3 on February 23, 2023

Submitted by Councillor Gord Perks, Chair 

New Business submitted by City Officials.

Members of Council will declare interests under the Municipal Conflict of Interest Act.

Members of Council may file petitions.

Various presentations and announcements will be made at the City Council meeting.

City Council will review the Order Paper.

I am submitting this Administrative Inquiry (under Municipal Code S27-7.11) to obtain information and details of enforcement and actions planned by city staff and police services in response to the ongoing harassment and intimidation of the Jewish community in Toronto. Anticipated hate rallies in the coming weeks are cause for alarm. This enquiry also requests an update on the implementation of the City of Toronto Hate Sponsored Rallies Policy.

On May 14-15, 2019, City Council adopted EX 5.3 Hate Sponsored Rallies. This policy gave the City of Toronto public service and police services the tools they need to discourage and respond to rallies and actions of harassment that demonize and threaten identifiable groups. Since that time there have been incidents of hate, notably roving mobs that have harassed and made threatening actions at members of the Jewish community at cultural events (such as Walk with Israel-May, 2022), synagogues (Or Chaim December 2022 and Shaarei Tifillah, February 2023) and Jewish restaurants (Taste of Israel, July, 2022 in Vaughan). As time goes on, these actions targeting the Jewish community and other groups have become more frequent and menacing. Hate rallies cost the City of Toronto millions of dollars in police services and other ancillary costs, block traffic, including emergency vehicles (full traffic blockage on Yonge Street in January and May, 2022), are in violation of the City of Toronto Anti-Discrimination Policy, permits policy, noise by law policy and various provisions of the Highway Traffic Act. But more important they prevent many from enjoying the peace and security that we value here in Toronto.

In the coming weeks, hate rallies are planned in Toronto and beyond. The Al Quds event, which calls for the removal of the Jewish population from Jerusalem, Israel and threatened Jews with harm in the past, is planned on or about April 21, 2023 and another hate rally is planned for May, 2023 to coincide with a Toronto Jewish cultural event (Walk with Israel).

Questions for the City Manager, City of Toronto and the Chief of Police, Toronto Police Services Board.

What police and city staff responses are planned to enforce the City of Toronto Hate Sponsored Rallies policy either prior to the above mentioned events or in the aftermath should city bylaws, provincial statute or Criminal Code violations take place?

Will Toronto police create a Toronto Police Service General Occurrence report for review by the Attorney General of Ontario for the potential prosecution of any hate inspired crimes committed?

What actions will city staff take to recover the millions of dollars in costs incurred by the City of Toronto at these illegal events?

In the four years since the Hate Sponsored Rallies policy was adopted, have City of Toronto staff issued trespass warning letters or pressed charges under the Trespass Act against any of the leaders or participants in past hate activity on city property?

The Chief Planner and Executive Director, City Planning recommends that:

1.  City Council state its intention to designate the property at 51 Panorama Court (the "Property") under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 51 Panorama Court (Reasons for Designation) attached as Attachment 3, to the report, December 6, 2022, from the Chief Planner and Executive Director, City Planning, to be effective upon the transfer of the Property by the provincial government and that notice of intention to designate be served on the new owner following the transfer of the Property.

2.  If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 51 Panorama Court in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 51 Panorama Court.

This reports recommends that the City of Toronto state its intention to designate the property at 51 Panorama Court under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and to grant authority to enter into a Heritage Easement Agreement. 

Located in the City of Toronto, on the south side of Panorama Court, northeast of the intersection of Kipling Avenue and Finch Avenue West, and west of the Humber River and conservation area along Islington Avenue, the property at 51 Panorama Court is the former County Branch of the Hospital for Sick Children (1928-1957) and later the provincially-owned Thistletown Regional Centre for Children and Adolescents (1957-2014). The property is located in Mount Olive-Silverstone-Jamestown, a neighbourhood in north Etobicoke, which in the 19th century, was immediately north of the Town of Thistletown. Known colloquially as “Thistletown”, the now 48-acre (originally 98-acre) property is an interrelated complex containing a main hospital building (Main Building) constructed in 1927-1928 to the designs of the renowned architectural partnership of Sproatt & Rolph, as well as landscaped elements, a designed circuitous drive, and associated views.

The property was originally designed and completed in 1928 as a rural satellite branch of the Hospital for Sick Children, referred to as its County Branch, and closed in 1957. In 1957, the Government of Ontario purchased the site for use as a new mental healthcare facility for children and youth, and it was repurposed as the Thistletown Regional Centre for Children and Adolescents, effectively extending the property’s use as a complex dedicated to children’s healthcare with a child-focused approach to care and treatment until it closed in 2014. The surplus property has since remained vacant.

Currently, the surplus Thistletown provincial property is being offered for sale to support Government of Ontario initiatives for creating more Long-Term Care Homes (Fixing Long-Term Care Act of 2021). The property will be sold on the open market with the requirement to develop and operate a minimum of 256 long-term care beds and recreational uses, with preference for affordable housing, veterans housing and/or seniors housing on-site.

The property at 51 Panorama Court was listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on May 6, 2014. On August 25, 2014, Amendments to the Reasons for Listing on the City's Inventory of Heritage Properties to include heritage landscape attributes and landmark uses was adopted by City Council.

The property has cultural heritage value for its design value and association with the Hospital for Sick Children and Thistletown Regional Centre for its contribution to provincial mental healthcare for children and youth. The Government of Ontario has recognized Thistletown as a "provincial heritage property of provincial significance" and the property is included on the List of Provincial Heritage Properties maintained by the Ministry of Citizenship and Multiculturalism. Upon the transfer of the property out of provincial control and ownership, the Thistletown site will no longer be under provincial protection pursuant to Section B.3 of the Standards and Guidelines for Conservation of Provincial Heritage Properties dated April 28, 2010, prepared pursuant to Section 25.2 of the Ontario Heritage Act. The authority for heritage protection will then reside with City Council and the property may be designated by the City of Toronto under Part IV, Section 29 of the Ontario Heritage Act.

Staff have completed the Research and Evaluation Report for the property at 51 Panorama Court and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design, associative and contextual values. As such, the property is a significant built heritage resource.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

There is currently no planning application for the development of 51 Panorama Court.  The future redevelopment of the lands will require a number of planning applications including a Plan of Subdivision (to create public roads), Site Plan Control, and a Plan of Condominium (depending on proposed tenure for the proposed uses). The property contains TRCA regulated lands and is subject to the City of Toronto's Ravine and Natural Feature Protection By-law.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Ombudsman recommends that:

1.  City Council authorize Ombudsman Toronto to establish a dedicated unit within the office that will focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto’s housing planning and service delivery roles.

The unit will report to the Ombudsman and be led by a Deputy Ombudsman, Housing, with appropriate staff. Ombudsman Toronto will report to Council on investigations undertaken by the unit and will make public related findings and recommendations. In addition, Ombudsman Toronto will report back to Council on all housing-related complaints handled by the unit, as part of its annual reporting to Council.

On July 19, 2022, Toronto City Council approved EX34.7 – Review and Considerations for a Housing Commissioner Role or Function. Following its approval, Council requested that Ombudsman Toronto consider the May 2022 Maytree Consultant Report ("Crean and Maytree Report"), as well as the June 2022 City Manager’s Report and Recommendations to Council ("City Manager's Report"), and provide Council with recommendations related to the resources and structure required for the office to focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto’s housing planning and service delivery roles, including the consideration of a dedicated Deputy Ombudsman, Housing.

This report will outline the structure and identify the resources required to take on the proposed role, should Council provide its approval.

Our review, requested by City Council, included an examination of Council’s July 19, 2022 decision, the HousingTO 2020-2030 Action Plan, the Housing Charter, the Crean and Maytree Report, and the City Manager’s Report.

The Crean and Maytree Report notes that “a single action, individual or office may not be an effective way to advance Toronto’s objectives outlined in the Housing Charter."[1] This was also the conclusion reached by the City Manager, who wrote in his June report that “a suite of actions delivered in concert with each other is more likely to achieve Council's goals.” Providing Ombudsman Toronto with the resources to conduct systemic investigations and reports that focus on housing would be one of several activities the City has proposed to achieve its housing goals.

The City Solicitor recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1.

2.  City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege.

Background

The Toronto Police Service operates a data centre ("the "Data Centre") that is located in a building owned by the City.  Responsibilities for the Data Centre are shared; the Toronto Police Service is responsible for the data room and related systems and the City (through its Corporate Real Estate Division) is responsible for building operations including the mechanical and electrical systems, life safety equipment, overall building envelope, and general management of the building.

The Data Centre houses computer hardware, software, and related equipment and technology to support network and information technology services for the Toronto Police Service.  The location of the Data Centre and its functionality is confidential.

Construction of the Data Centre commenced in August 2017. It was substantially complete by November, 2018 and turned over to the City to operate and maintain.  Fit up of the Data Centre by Toronto Police Service with computer and network equipment was completed in September 2019.

In early 2021, Toronto Police Service staff observed significant unexpected corrosion on computer hardware components and certain metal surfaces in the Data Centre.

In order to mitigate against potentially catastrophic system failures, Toronto Police Service locked down the building while it explored options to relocate the data systems.

By mid-2021, Toronto Police Service had moved all operations from the Data Centre to other locations and taken all of the computer equipment offline.  Toronto Police Service determined that corrosion observed on some of the computer systems compromised the equipment's integrity and, therefore, created operational risks.  Accordingly, Toronto Police Service determined that it was necessary to relocate staff and operations to another facility, pending the completion of its investigation into the causes of the corrosion, the implementation of appropriate measures to prevent future damage to its computer systems, and the replacement of the computer systems in the Data Centre.

The Construction of the Data Centre

In 2014, the Toronto Police Services Board recognized that its current disaster recovery data centre was at its maximum capacity and located too close to the main site to meet industry standards for business continuity purposes.  For these reasons Toronto Police Service received approval as part of its 2015-2024 capital program to replace the existing data centre with a new facility that would meet its operational requirements.  Following the approval of this construction project, the Toronto Police Services Board awarded MMM Group Limited ("MMM Group") with the architectural design and consulting services contract for the Data Centre.  As part of its contractual work, MMM Group developed site selection criteria and reviewed suitable sites with the City of Toronto Real Estate Division. In 2016, the City acquired the property on which the Data Centre would ultimately be constructed.

In July of 2016 the Toronto Police Services Board entered into a contract with Eastern Construction Company Limited for construction management and construction services for the Data Centre project based on the designs and specifications prepared by MMM Group.

The Data Centre was designed to include, among other things, heating, ventilation, and air conditioning systems that were capable of maintaining a consistent level of temperature and humidity within the Data Centre. These key heating, ventilation, and air conditioning systems were manufactured by KyotoCooling North America LLC and Stulz Air Technology Systems Inc. and commissioned by Jones Lang LaSalle Real Estate Services, Inc.

The Data Centre was substantially completed in November 2018 and the City contracted with Bouygues Energies and Services Canada Limited and Plan Group Inc. for the general maintenance of the Data Centre and ongoing maintenance of the mechanical and heating, ventilation, and air conditioning systems.

The Toronto Police Services Board entered into contracts with DP Environmental Service Inc. for specialized cleaning of the Data Centre computer equipment, preparing environmental assessments, and concrete sealing of the Data Centre subfloor.

Confidential Attachment 1 contains legal advice from the City Solicitor with respect to ongoing investigation of the issues and legal action against the parties contracted to design and construct the building, to install heating and cooling and building management systems, and to clean and maintain the Data Centre. A statement of claim was issued on December 21, 2022 in order to recover the losses incurred as a result of the property damage, the anticipated costs to address the existing deficiencies that led to the damage, and associated costs to relocate staff and equipment while the investigation, design and construction work is undertaken.

The Executive Committee recommends that:

1. City Council receive the report (March 7, 2023) from the City Manager and the Chief Financial Officer and Treasurer for information.

The purpose of this report is to provide a financial update and outlook to inform the City of Toronto's long-term financial planning and forthcoming updated Long-Term Financial Plan (LTFP).

Following the 2023 Budget, with the support of an independent third-party, the City has updated its financial model to assess the long-term fiscal risks anticipated in the next ten year period. This updated analysis expands on previous work completed by the City of Toronto and will help to inform future phases, including an updated LTFP to be presented to City Council later in 2023.

The updated financial model highlights the significant challenges that the City will face over the next ten years including both operating and capital budget pressures. The City currently has limited tools or strategies to address a challenge of this magnitude, demonstrating a need for enhanced analysis of potential options. For example, as reported in the September 30, 2022, quarterly updates, over 97% of the City's deferred revenues and reserve and reserve fund balances are fully committed, leaving just $290 million available for emergency or one-time back-stop purposes.

Beyond immediate and urgent financial challenges the City faces, municipalities need a new fiscal framework to address ongoing challenges with predictable, long-term funding. The updated financial outlook will be used to inform intergovernmental discussions. Staff continue to engage with their intergovernmental counterparts to promote ongoing and sustainable funding support.

Further exploratory work to determine appropriate solutions and offsets will be completed throughout 2023, including an additional analysis of revenue tools as was requested by City Council.

Further to the March 7, 2023 report submitted by the City Manager and Chief Financial Officer and Treasurer (Item EX3.2), this report transmits the independent third-party report as a supplementary item to '2023 Financial Update and Outlook' for information.

The Executive Committee recommends that:

1. City Council authorize the City Manager to finalize and execute on behalf of the City of Toronto an Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and the City for a term of five (5) years starting on April 1, 2023 and expiring on March 31, 2028, and a renewal term of a further five (5) years, substantially on the terms and conditions set out in Attachment 1 to the report (March 6, 2023) from the City Manager and such other terms and conditions as may be satisfactory to the City Manager and the Chief Executive Officer, Exhibition Place, and in a form satisfactory to the City Solicitor.

2. City Council authorize the General Manager, Parks, Forestry and Recreation to finalize and execute on behalf of the City, Licence Agreements for use of Coronation Park and Marilyn Bell Park by the Canadian National Exhibition Association for the purposes of the Canadian National Exhibition at a nominal fee for a term of five (5) years starting on April 1, 2023 and expiring on March 31, 2028, and a renewal term of a further five (5) years, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor, and to grant permits on an annual basis at a nominal fee for such use, subject to the Canadian National Exhibition Association meeting all required terms and conditions of the application process and permit holders.

Since 2013, the City has been party to a Master Agreement with the Canadian National Exhibition Association (CNEA) and the Board of Governors of Exhibition Place (Exhibition Place) that governs the use by CNEA of Exhibition Place grounds for hosting the 18-day Canadian National Exhibition (CNE).

The existing agreement expires on March 31, 2023, and the proposed term of the Amended and Restated Master Agreement is April 1, 2023 to March 31, 2028, with the possibility of renewal for a further five years on terms and conditions as agreed by the parties. The proposed Master Agreement requires the CNEA to pay licence fees for the use of Exhibition Place grounds at discounted rates, and for services provided through Exhibition Place at cost plus a 12% administrative fee. This report recommends City Council enter into an Amended and Restated Master Agreement, which has already been approved by the Boards of Exhibition Place and the CNEA.

The report also recommends that the General Manager of Parks, Forestry and Recreation be authorized to execute nominal fee Licence Agreements and grant nominal fee permits on an annual basis for use of portions of Coronation Park and Marilyn Bell Park for the CNE for a five-year term, and provision for a renewal term of a further five years.

At its meeting on February 2, 2023 the Board of Governors of Exhibition Place considered item EP2.7.

Summary from the report January 19, 2023 from the Chief Executive Officer, Exhibition Place:

This report recommends, subject to obtaining the necessary City of Toronto authorization that the Board enter into an Amended and Restated Master Agreement dated April 1, 2023 between the Board, the City, and the Canadian National Exhibition Association, commencing April 1, 2023 and expiring March 31, 2028, plus a contemplated renewal term of five (5) years.

In accordance with the current Master Agreement, negotiations of a Second Renewal Term (commencing April 1, 2023) were to be for “the purpose of having the CNEA pay a license fee reflective of the rental prices then approved by the Board to be consistent with Council direction. This arrangement has not yet been achieved due to the COVID-19 pandemic in 2020 and 2021 which resulted in cancellation of the Fair, however, the proposed renewal terms in the Amended and Restated Master Agreement recommended in this report, will provide a basis for a similar arrangement/requirement in the future negotiations assuming the continued success in hosting the fair.

The substantial terms and conditions of the Amended and Restated Master Agreement are set out in Appendix A to this report are recommended for approval by the CNEA Board at its meeting on January 23, 2023.

The Executive Committee recommends that:

1. City Council adopt the Relationship Framework of the City with the Toronto Parking Authority as set out in Attachment 1 to the report (March 7, 2023) from the City Manager, as amended by Recommendation 2 below.

2. City Council amend Section 2.2, City Strategic Objectives in Providing the Services, in Attachment 1 to the report (March 7, 2023) from the City Manager by adding the following new Part 9:

9. Supporting the City’s Housing Action Plan objectives by:

a. working in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO to identify underutilized parking facilities and parking facilities within Protected Major Transit Station Areas for the purpose of redevelopment; and

b. supporting plans for redevelopment of parking facilities that prioritize the provision of new affordable housing.

3. City Council authorize the City Manager, in consultation with the City Solicitor, to make technical changes to the Relationship Framework and any other changes as may be required to give effect to City Council's decisions.

The purpose of this report is to transmit the City's Relationship Framework for the Toronto Parking Authority (TPA) to City Council for approval.

A Relationship Framework is City Council's governing instrument used for setting out the specific mandate, delegations of authority, legislative framework, policy directions and accountability for City Agencies, and their relationship to the City of Toronto.

This Relationship Framework reflects the Toronto Parking Authority's mandate in Chapter 179 of the Toronto Municipal Code, Parking Authority, subsequent Council decisions pertaining to the Agency, and applicable policies and legislation.

The City Manager's report with the Relationship Framework was considered and received by the Board of Directors of the Toronto Parking Authority on May 27, 2022. It is now being submitted to City Council for approval.

The Executive Committee recommends that:

1. City Council establish a new obligatory reserve fund called the "Development Charges Reserve Fund – Transit (EELRT)" in Appendix C, Schedule 11 of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, for the purpose of providing funding for the Eglinton East Light Rail Transit capital project, with criteria set out in Appendix B to the report (March 7, 2023) from the Chief Financial Officer and Treasurer, and transfer funds from Development Charges Reserve Fund – Transit (Balance) (XR2109), in an amount equivalent to the balance in the former Development Charges Reserve Fund – Transit (Scarborough Subway Extension) (XR2125) that was closed earlier this year, to the new Development Charges Reserve Fund –Transit (EELRT).

The City of Toronto (City) receives monies from external parties and are obligated to set aside for specific purposes outlined in Provincial legislation, third party agreements, or for goods and services that will be provided in the future.  These monies create obligations for the City that must be settled at a future date, such as the collection of development charges when building permits are issued that will pay for the cost of infrastructure required to provide municipal services that support the growth of the new development.  When these monies are received, they are recognized on the City's Statement of Financial Position as a liability labelled deferred revenue. The deferred revenue amounts are recognized as earned revenue only when the committed investment is completed in the Statement of Operations and Accumulated Surplus.  This report provides an update of deferred revenue balances and earned revenue for the first nine months of 2022, and deferred revenues balances at September 30, 2022. 

As at September 30, 2022, the City recognized $6,365.3 million in deferred revenues, increased by $1,553.7 million in monies received and reduced by $91.7 million in earned revenues.  This balance represents accumulated deferred revenue balances, which is a reflection of obligated investments not yet completed to support growth, or goods and/or service commitments that the City must deliver to third parties, not yet earned and recognized as revenue.  Deferred revenues are fully committed based on contractual obligations to support growth-related infrastructure investments in the community, or other service or operational obligations.

The Executive Committee recommends that:

1. City Council amend Toronto Municipal Code Chapter 27, Council Procedures, to permit electronic participation in all meetings and provide that:

a. any member participating in the meeting electronically to be deemed present for the purposes of determining whether a quorum is present under  27-5.12A, and for the purposes of voting on any matter put to a vote under  27 12.2A, and for all other purposes; and

b. any member participating in the meeting electronically to be entitled to participate in any portion of the meeting closed to the public in accordance with 27-5.15.

2. City Council amend the Council Procedures to change the time required to achieve quorum from 15 minutes to 30 minutes.

3. City Council amend the Council Procedures to permit members of the public to participate electronically at meetings where electronic participation occurs and in a manner as determined by the Clerk.

4. City Council authorize local boards governed by the City of Toronto Act, 2006, to amend their own rules of procedure to permit electronic participation by board members and the public, and authorize such boards to continue to meet electronically in accordance with the previously adopted electronic participation rules passed the May 9, 2023 deadline until they can meet to consider procedural amendments.

The purpose of this report is to recommend amendments to the Council Procedures to make electronic participation a permanent option for meetings of City Council and its Committees, and to authorize local boards to make amendments to their own rules of procedure.

The Executive Committee recommends that:  

1. City Council update the delegation of authority to the City Clerk to designate an event of municipal significance and/or issue a letter of non-objection to the Alcohol and Gaming Commission of Ontario for requests for Special Occasion Permits and Temporary Liquor Extensions of Hours (4:00 a.m. extensions), as set out in Appendix 1 to the report (March 7, 2023) from the City Clerk.

2. City Council update the delegation of authority to the City Clerk to approve Outdoor Temporary Extensions of Premises for liquor purposes (Outdoor Patios) until 2:00 a.m. for premises on major arterial roads and premises on private property, as set out in Appendix 1 to the report (March 7, 2023) from the City Clerk.

3. City Council update the delegation of authority to the City Clerk to include the approval of outdoor Temporary Extensions of Premises for liquor purposes (Outdoor Patios) until 11:00 p.m. for premises on local roads, as set out in Appendix 1 to the report (March 7, 2023) from the City Clerk.

4. City Council update the delegation of authority to the City Clerk to include changes to the administrative process as set out in Appendix 2 to the report (March 7, 2023) from the City Clerk.

5. City Council approve outdoor Temporary Extensions of Premises (Outdoor Patios) for establishments with existing liquor licences participating in the CaféTO Program.

As a result of changes to Provincial legislation, the permanent CaféTO program, and a need to streamline the administrative process associated with temporary liquor licensing, the purpose of this report is to amend City Council's delegation to the City Clerk's Office with regards to processing endorsements and approvals for temporary liquor licences.

The Executive Committee recommends that:

1. City Council authorize and direct the City Manager to negotiate with the Province of Ontario for the Province to commit to pay all amounts above the original SmartTrack Program Budget of $1.463 billion which are required to deliver the Program due to increased costs, as further detailed in Table 1 of Confidential Attachment 1 to the report (March 7, 2023) from the Deputy City Manager, Infrastructure and Development Services, and which as of the date of the report from the Deputy City Manager, Infrastructure and Development Services are estimated at $234 million.

2. Conditional upon reaching an agreement with the Province of Ontario as contemplated in Recommendation 1 above, City Council authorize the City Manager to enter into and execute an amendment to the Revised Ontario Toronto Agreement in Principle with the Province of Ontario, dated August 13, 2021 (the "Revised AIP") and all other necessary agreements, including all amendments, renewals and ancillary agreements, with the Province and/or Metrolinx to give effect thereto, upon such other terms and conditions satisfactory to the City Manager, and in a form satisfactory to the City Solicitor.

3. If it is not possible to reach the necessary agreement with the Province of Ontario as contemplated in Recommendation 1 above, City Council direct the City Manager to report back to the Executive Committee as soon as possible with a full analysis of available options for consideration.

4. City Council direct the City Manager to notify Metrolinx that the design-build contract for the Bloor-Lansdowne Station should only be awarded once the Province has committed to paying the costs as set out in Recommendation 1 above.

5. City Council authorize the public release of Confidential Attachment 1 to the report (March 7, 2023) from the Deputy City Manager, Infrastructure and Development Services following completion of the SmartTrack Stations Program as it contains commercial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto.

In February 2021, through EX20.02 - Advancing the SmartTrack Stations Program, City Council approved the terms negotiated with the Province of Ontario to allow the SmartTrack Stations Program (the “Program”) to proceed to construction. These terms established that the Program would be delivered by the Province and/or its agencies (Metrolinx and Infrastructure Ontario) and that its scope would consist of five stations, namely, Finch-Kennedy, East Harbour, King-Liberty, St. Clair-Old Weston and Bloor-Lansdowne. The City’s capital contribution to the Program was reconfirmed to be a total of $1.463 billion (the “Program Budget”), inclusive of $585 million in funding from the Government of Canada.

The Program represents a significant investment to improve transportation choices within Toronto and leverages existing transit infrastructure to serve more people. Combined with Metrolinx's GO Expansion Program, SmartTrack will accelerate the transformation of heavy rail infrastructure in Toronto from a regional commuter service into an urban rapid transit network, thereby bringing transit faster to communities across the city.

Since the adoption of the aforementioned staff report, numerous unanticipated factors have caused the estimated costs of the Program to significantly increase. Metrolinx has advised the City that it has experienced cost pressures across its programs stemming from market economic challenges and market saturation for large and complex capital projects, amongst other factors. Metrolinx’s engagement with the market also identified several current conditions that led to higher costs in comparison to what was known in 2020 when the original Program Budget was established, including:

- Uncertainty in supply chain and market conditions including past effects on commodity prices and risk of availability;

- Significant concerns about the uncertainty of cost inflation, resulting in the project owner retaining the risk of future cost increases and needing to protect against future cost pressures beyond current projections;

- An increase of projects in the rail sector, as well as other construction sectors, leading to labour shortages and less market participation/competition, including opportunities with other clients in the market that have lower risk scenarios or require less time to deliver; and

- Maturation of schedules in contracts specific to work in a rail corridor with cost implications. These have been added to improve safety and to reduce/avoid impacts to service disruption.

The rationale provided by Metrolinx is consistent with current conditions experienced by the City through the planning and execution of its major capital projects.

As a result of the above factors, the estimated cost of the Program has now exceeded the existing Program Budget of $1.463 billion. To deliver the existing five station scope, roughly $234 million in additional funding is required at this time, with further details outlined in Table 1 of Confidential Attachment 1.

City staff are seeking City Council direction to request the Province of Ontario to pay for all amounts above the original Program Budget of $1.463 billion to deliver the Program due to increased costs, which as of the date of this report is estimated at $234 million. Since the Program will also benefit the Province through increased ridership on the GO system, and as the Province will own and maintain the SmartTrack Stations, there is a strong rationale for the Province to contribute towards the increase in Program’s costs.

A decision on the future of the Program is required urgently in order to award the design-build (DB) procurement for the Bloor-Lansdowne Station contract in early April. With a DB procurement, the City, through Metrolinx, would be committing to proceed to detailed design and construction and as such, there may be no opportunity for the City to reconsider or “off-ramp” its commitment to the station’s delivery once the contract is awarded. Metrolinx has secured an extension to the bid validity date with the proponent until April 5, 2023. Prior to making this commitment, City staff are seeking City Council’s direction to notify Metrolinx that the City will not proceed with the delivery of the Bloor-Lansdowne Station until the Province has committed the additional funding required to deliver the Program as set out above.

To date, the City has made significant financial investments to advance the delivery of the SmartTrack Program. Current incurred costs per station are identified in Table 2 of Confidential Attachment 1.

The Executive Committee recommends that:

1. City Council receive the Board of Directors of the Good Roads Association Quarterly Committee Meetings and Board Meeting update on Thursday, March 2 and Friday, March 3, 2023 for information.

As an appointee by the City of Toronto the Board of Directors of the Good Roads Association, I attended the quarterly Committee meetings and Board meeting on Thursday, March 2 and Friday, March 3, 2023.

Annual Conference

The 2023 Good Roads Conference will take place from Sunday April 16 – Wednesday April 19 in Toronto, at the Fairmont Royal York. With over 800 registered delegates the conference can be summed up with: “Ideas. Inspirations. Contacts. Every year, the Good Roads Annual Conference brings together members and affiliated enterprises for an intensive three-day summit of road-forward thinking. The speaker roster is always first-class. The exhibit hall is loaded with innovations. There are a range of Study Tours delegates can take part in across Toronto. The learning is cutting-edge. Meet your peers. Take home new energy and important ideas for the coming year.”

The Executive Committee recommends that:

1. City Council authorize the withdrawal of up to $15 million from the TTC Stabilization Reserve.

The Toronto Transit Commission is requesting that City Council authorize the withdrawal of up to $15 million from the TTC Stabilization Reserve in order to implement any unbudgeted measures to address the health, safety and security of TTC employees, customers and the public on TTC’s transit network.

The Audit Committee recommends that:  

1. City Council receive the report (January 29, 2023) from the Auditor General for information.

The Auditor General and Deputy Auditor General gave a presentation on the Auditor General's 2022 Annual Report - Demonstrating the Value of the Auditor General's Office.

This report provides information about the Auditor General's Office 2022 activities and the financial and non-financial benefits achieved by the City through its implementation of report recommendations.

In 2022, the Auditor General's Office presented nine audit, investigation, cybersecurity and other reports. The findings and recommendations in these reports focused on improving the efficiency and effectiveness of responses to calls for emergency services, addressing housing priorities and improving outcomes for people experiencing homelessness, and identifying and protecting the City and its Agencies and Corporations from cybersecurity threats. Additionally, our Forensic Unit managed 1,032 complaints through our Fraud and Waste Hotline, and conducted some complex investigations.

Every year, we demonstrate the value our Office brings with a quantified return on investment. The Auditor General's Office calculates the return on every dollar invested in the Office by comparing the ratio of five-year audit costs to the cumulative estimated five-year realized savings. The City achieved savings of $398 million over the last five years by implementing the Auditor General's recommendations. The cumulative costs of operating the Auditor General's Office since 2018 were approximately $31.8 million. This means for every dollar invested in the Auditor General's Office, there was a return of about $12.52.

Equally important is the value that our reports bring through the non-quantifiable benefits, including enhanced cybersecurity and internal controls, robust data analytics, improved policies and procedures, more effective management and use of City resources, better customer service, and stronger security of City assets. Our reports also help to improve the efficiency and effectiveness of programs, systems and processes, the impacts of which are not always easily quantified in financial terms. For example, our audit recommendations this year helped to strengthen the safety of the City's IT systems and critical infrastructure, identified opportunities for the Toronto Police Service to support more effective responses to calls for service, and helped to improve outcomes for emergency shelter clients through an increased focus on case management.

The Audit Committee recommends that:

1. City Council receive the Auditor General’s 2023 Work Plan for information.

The Auditor General and Deputy Auditor General gave a presentation on the Auditor General's Office 2023 Work Plan.

The purpose of this report is to provide City Council with an overview of the work the Auditor General plans to conduct in 2023. Audit projects included in the Annual Work Plan are identified through a risk assessment process conducted periodically, a review of emerging issues, and a review of trends in allegations made to the Fraud and Waste Hotline. The Auditor General also considers the views and experience of City Councillors and City management. The Auditor General may amend the Annual Work Plan if new priorities arise.

The Work Plan is intended to be flexible, allowing the Auditor General to respond to Council requests and emerging issues, including the need to assign resources to high-risk investigations, when needed. The Work Plan is organized as follows:

- projects currently in progress or soon to be initiated (Table 1);

- projects on the horizon for 2024 (Table 2); and

- backlog list of projects that we would like to complete over the longer term (Attachment 3).

Where Council requests additional audits be added to the Work Plan, the Auditor General considers potential risks to the City before deciding whether it can be prioritized over another project on her Work Plan. Addressing Council requests for additional audits immediately is not always feasible given limited staff resources, so the Auditor General must prioritize the projects she can carry out in a given year versus those that need to be deferred into future years.

The attached report provides Audit Committee with information on the Auditor General's 2023 Operating Budget request of $7.350 million, which is consistent with the Auditor General’s 2022 Operating Budget. The Auditor General’s 2023 Operating Budget represents approximately 0.045 percent of the City’s 2023 Proposed Operating Budget.

The Auditor General's budget request reflects resources needed to address her 2023 Work Plan. More specifically, the Auditor General will continue to carry out her mandate by:

- delivering high-priority audit projects on the Auditor General’s Work Plan that yield both quantifiable and non-quantifiable benefits to how the City delivers its services

- providing valuable independent oversight of critical systems to ensure the City is well-positioned to detect, mitigate, and respond to IT and cybersecurity risks

- conducting high-risk investigations that help address and deter fraud, waste, and wrongdoing in the City.

This report is being provided to Audit Committee for information as it considers the Auditor General's 2023 Work Plan at the February 13, 2023 Audit Committee meeting.

The Audit Committee recommends that:

1. City Council receive the report (January 26, 2023) from the Auditor General for information.

The Auditor General and Deputy Auditor General gave a presentation on 2022 Annual Report - Fraud and Waste Hotline..

This report represents the 2022 annual report on fraud, waste and wrongdoing at the City including the activities of the Fraud and Waste Hotline Program (the Hotline Program). It highlights the complaints that have been communicated to the Auditor General’s Office. It does not represent an overall picture of fraud or other wrongdoing across the City.

In 2022, 1,032 complaints comprised of approximately 1,200 allegations were received by the Auditor General’s Office, the highest in a year since the launch of the Hotline Program.

The Hotline Program has helped to reduce losses and resulted in the protection of City assets. The actual and potential losses from complaints received from 2018 to 2022 is approximately $27.9 million (actual losses) plus $1.5 million (potential losses) had the fraud not been detected. Additional benefits that are not quantifiable include:

- the deterrence of fraud or wrongdoing

- strengthened internal controls

- improvements in policies and procedures

- increased operational efficiencies

- the ability to use complaint data to identify trends, address risks, make action-oriented recommendations to management and inform our audit work plan

The Audit Committee recommends that:

1. City Council direct that Confidential Attachment 1 to the Report (January 27, 2023) from the Auditor General remain confidential in its entirety, as it involves the security of property belonging to the City.

This report provides the results of our follow-up of selected recommendations conducted in the second half of 2022, and a high-level summary of outstanding recommendations for all City divisions and its agencies and corporations, as of December 30, 2022. Since inception (January 1999) to December 2022, the Auditor General has verified 80 percent of recommendations as fully implemented or no longer relevant.

As reported in the 2022 Auditor General’s work plan update[1], the Auditor General’s Office was impacted by unanticipated staff leaves, turnover, and vacancies which led to staffing and capacity constraints. This resulted in requiring our office to prioritize projects and work according to available resources, including deferring some work on the follow-up of implementation of audit recommendations. As a result, the Auditor General performed follow-up work of a select number of reports with high priority recommendations in 2022.

As of September 30, 2022, there were 704 outstanding recommendations. Management indicated that 331 of 704 recommendations were fully implemented, 5 were no longer applicable and 368 recommendations were still in progress. Figure 1 provides the length of time the 368 recommendations have been outstanding.

There will be significant work for our office to verify the outstanding recommendations reported by management as fully implemented or no longer applicable. Our office will continue to perform the follow-up work based on available resources and focus on verifying high priority recommendations first, including those recommendations that have been outstanding greater than five years and/or those with potential cost savings.

¹Auditor General's 2022 Work Plan Update and Request for Administrative Amendment to City Reserve Fund Accounts (toronto.ca)

(See Figure 1 titled "Outstanding NFI Audit Recommendations by

Age, as of September 30, 2022"),

in the Summary section of the report dated January 27, 2023 from the Auditor General

Note - Recommendations that remain open for more than 5 years are ranked as high priority for management to expedite implementation.

In this follow-up cycle, we have reviewed the status of 68 out of 331 recommendations reported by management as fully implemented from the following five divisions. The review focused mostly on information technology including cybersecurity related recommendations, with the exception of Fleet Services where recommendations were related to improving operational controls:

- Technology Services Division

- Office of the Chief Information Security Officer

- Fires Services

- Toronto Water

- Fleet Services

Of the 68 recommendations we selected for review, we determined 51 as fully implemented (FI) and 17 recommendations as not fully implemented (NFI). The NFI recommendations include 14 recommendations that are considered high priority where we believe management should expedite their implementation.

A recommendation is determined as NFI because the actions taken by management or the extent of improvements did not fully address the issue or management was not able to provide sufficient and appropriate evidence during the follow-up review.

The results of our follow-up review are summarized in Figure 2 below:

(See Figure 2 titled "Auditor General's Validation of Recommendations

Reported as Fully Implemented by Management"),

in the Summary section of the report dated January 27, 2023 from the Auditor General

The City is expected to realize $5.1 million in savings over five years as a result of management actions taken to implement the Auditor General’s report recommendations. These savings relate to a reduction in the mailing costs of employee pay statements and improvements in fleet management practices such as warranty administration that reduced vehicle repair and maintenance costs.

The Audit Committee recommends that:  

1. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to develop and implement a risk-based strategy for periodically reviewing open building permits without a recent request for an inspection and determining what follow-up action is warranted in order to assess the current status of construction and to enforce the Building Code Act and Building Code.

2. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to:

a. strengthen processes and provide additional training to ensure staff are consistently following the Division's operational policies and procedures for recording and tracking deficiencies for re-inspection; and,

b. strengthen existing policies to address expectations for improved record-keeping of how deficiencies and requests for reports are communicated.

3. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to enhance monitoring and oversight of identified deficiencies by:

a. implementing periodic reviews of open deficiencies to identify where further follow-up and enforcement action may be required to ensure timely and proper resolution; and,

b. analyzing deficiency data for trends where targeted education of permit holders and industry may be useful.

4. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to develop and implement additional training, operational guidance and / or criteria to assist inspection staff with deciding what tools to use, including issuing orders, to help bring about compliance with the Building Code Act and Building Code.

5. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to review open orders and expedite the implementation of the 2021 "Enforcement Policy for Issued Orders" for orders determined to be higher risk or higher priority.

6. City Council request the Chief Technology Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to ensure that any necessary enhancements to system functionality and data fields are implemented to support:

a. effective tracking of enforcement workflows and actions taken to follow up on open orders; and, 

b. effective monitoring and oversight of the status of open orders.

7. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to review the responsibilities of the Division's Dedicated Enforcement Unit and the Unit's role in enforcing orders and ensuring violations and other matters are promptly and properly addressed.

8. City Council request the Chief Building Official and Executive Director, Toronto Building Division, in consultation with the City Solicitor, to develop and implement operational guidance or criteria to assist inspection staff with deciding whether a permit holder should be charged with an offence or an administrative penalty if the person fails to comply with an order, direction or other requirements made under the Building Code Act.

9. City Council request the Chief Technology Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to ensure that any necessary enhancements to system functionality and data fields are implemented to improve the reliability of data used to determine compliance with the legislated time frames for prescribed inspections.

10. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to provide additional direction to inspectors to properly record all inspection requests (including on-site requests and requests received by phone) and reasons for rescheduling or cancelling inspections, in order to allow for better tracking and monitoring of whether inspections are promptly carried out in compliance with legislated time frames.

11. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to:

a. strengthen processes to ensure staff are consistently following the Division’s operational policies for documenting activities performed during an inspection; and,

b. strengthen existing policies to address expectations for improved record-keeping of inspection process steps for each construction component related to each stage of construction specified in Toronto Building’s “Field Inspection Service Levels” that are not passed and/or need to be completed.

12. City Council request the Chief Technology Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to ensure that any necessary enhancements to system functionality and data fields are implemented to support inspectors' ability to efficiently document inspection process steps not passed and still to be (re-)inspected for each construction component related to each stage of construction specified in Toronto Building’s "Field Inspection Service Levels".

13. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to review operational policies for inspections and, where relevant:

a. clarify what must be reviewed and documented when the inspector is placing full or partial reliance on general review or other reports; and, 

b. provide guidance on when an order may be warranted when requested reports are not received in a reasonable time frame.

14.  City Council request the Chief Building Official and Executive Director, Toronto Building Division, to discuss with the Ontario Association of Architects, Professional Engineers Ontario, and other relevant industry stakeholders who provide guidelines to their own members on general review and other reports, how these reports can better address the needs of the City's Chief Building Official and building inspectors.

15. City Council request the Chief Technology Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to ensure that any necessary enhancements to system functionality and data fields are implemented to track open requests for reports from third-party professionals.

16. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to strengthen supervision, monitoring and quality assurance processes over inspection activities by:

a. implementing on-site observation of the quality of inspections;

b. expanding the scope of internal inspection audits to cover an entire building permit file rather than a few inspection attempts;

c. increasing the number of inspections and building permit files a manager reviews for a given inspector, when areas for improvement are observed during their internal inspection audit;

d. providing timely and constructive feedback to inspectors about areas to correct or improve when performing inspections; and,

e. summarizing and analyzing results from quality assurance reviews to identify trends or themes that indicate more guidance, training, and supervision of inspectors may be warranted.

17. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to consider how system data can be leveraged or analyzed to enhance monitoring of potential conflicts of interest and impairment to independence of building inspectors.

18. City Council request the Chief Technology Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to ensure that any necessary enhancements to system functionality and data fields are implemented to support more effective monitoring of potential conflicts of interest and impairment to independence of building inspectors.

19. City Council request the Chief People Officer, in consultation with the Chief Building Official and Executive Director, Toronto Building Division, to expedite a strategy for recruiting and retaining building inspectors and address workload challenges arising from planned and unplanned absences so that sufficient inspectors are available to carry out prescribed inspections within legislated time frames, as well as follow-up on higher risk open building permits and orders.

20. City Council request the Chief Building Official and Executive Director, Toronto Building Division, in collaboration with the Chief Technology Officer, to ensure that any necessary enhancements to existing system functionality or modern technology solutions are implemented to:

a. improve workflow management, tracking, record-keeping, and monitoring of inspection processes; and,

b. support Toronto Building's ability to collect and analyze data to develop targeted approaches to improving inspection efficiency, effectiveness, and economy.

21. City Council request the Chief Building Official and the Chief Information Officer to seek opportunities to offer additional Open Data relating to Toronto Building, and request that they plan to include access to Open Data in future technology initiatives.

The Auditor General and Deputy Auditor General gave a presentation on Building Better Outcomes - Audit of Toronto Building's Inspection Function.

The Auditor General’s 2021 Work Plan included a multi-phased operational review of activities and services delivered by the Toronto Building Division. This report presents the first phase of the operational review, which focuses on Toronto Building’s operational policies and processes for inspecting construction and issuing orders to enforce the Building Code Act, Ontario Building Code and building permits.

The Building Code provides protection by reducing potential hazards to building occupants. The Chief Building Official and Toronto Building inspection staff play a vital role in enforcing the Building Code Act and Ontario Building Code.

Our report draws attention to opportunities for the Chief Building Official to strengthen how the Division inspects construction and issues orders to enforce compliance by:

a.  Strengthening Toronto Building’s Policies and Processes for Enforcing the Building Code Act

b.  Reinforcing Quality and Consistency of Inspections and Compliance with Policies and Procedures

c.  Modernizing Systems to Support Business Needs

Enhancing the way data is captured and leveraged and adopting modern technologies to improve workflow management are key for the Division to enforce the Act more efficiently and effectively and will provide a more efficient and value-added approach which makes better use of limited resources.

The Audit Committee recommends that:  

1. City Council receive the report (November 25, 2022) from the Auditor General for information.

This report provides the results of the External Quality Control Review performed by the Association of Local Government Auditors for the period January 1, 2018 through December 31, 2020. The Auditor General's Office has received the highest rating, an unqualified "pass" opinion, on its peer review – the sixth time the Office has received this rating.

The peer review team found that the "City of Toronto Auditor General's control system was adequately designed and operating effectively to provide reasonable assurance of compliance with Government Auditing Standards and applicable legal and regulatory requirements for audits during the period from January 1, 2018, through December 31, 2020." It is also worth noting that the Auditor General's Office did not receive a management letter with suggestions for improvement from the peer review team during this review.

Compliance with Government Auditing Standards is an important component of audit quality and is critical in maintaining credibility with City Council, management and taxpayers.

The Audit Committee recommends that:

1. City Council direct the General Manager, Parks, Forestry and Recreation to discontinue reporting to all regular meetings of Audit Committee, as previously directed by City Council in item 2021.AU8.6, on the performance of urban forestry, and instead direct the General Manager, Parks, Forestry and Recreation to report relevant metrics and progress through the Auditor General's Recommendation Follow-up Process until such time as the outstanding recommendations are fully implemented.

On February 9, 2021, the Auditor General released a report entitled "Getting to the Root of the Issues - A Follow-Up to the 2019 Tree Maintenance Services Audit", which was tabled at the Audit Committee meeting on February 16, 2021. Council provided direction to Parks, Forestry and Recreation to report to each meeting of the Audit Committee on experiences and data collected on the performance of Urban Forestry contractors and City crews.

This performance update report highlights the outcomes of the improved and robust contract management and crew oversight framework that Parks, Forestry and Recreation has implemented, and covers a full year of experiences and data tracked for Urban Forestry contractors and City crews, from January 1 to December 31, 2022. This report demonstrates the overall continual improvement in productivity and operational efficiency being exhibited by the crews as a result of the implementation of the Auditor General's recommendations and Parks, Forestry and Recreation's increased oversight and enhanced contract management.

The regular tracking of key performance metrics has created an additional ability for Parks, Forestry and Recreation to integrate better reporting into their business practices to analyze trends and make informed decisions on performance with the intent to continually improve operational efficiencies. When issues of unproductive time are found, Parks, Forestry and Recreation has and actively uses tools to take immediate action to hold contractors and City crews accountable in accordance with contract terms and the collective agreement.

The Audit Committee recommends that:

1. City Council receive the 2021 Audited Financial Statements and Management Letters for the Arenas in Attachments 1 to 6 to the report (January 27, 2023) from the Auditor General for information.

The Audit Committee: 

1. Requested the City Manager, working with the Auditor General and the Accounting Services Division, to provide an update on the status of the Arena Boards' outstanding audits, and to report on the resolution of management letters' recommendations in the upcoming staff report on Arena Boards.

The purpose of this report is to provide the Audit Committee and City Council with the 2021 audited financial statements of Arenas and a status update on the outstanding 2021 and prior audited financial statements of Arenas.

The 2021 audited financial statements for the eight City Arenas are presented to the Audit Committee after approval by their respective Boards or Committees of Management.

At the time of preparation of this report, there were six 2021 audited financial statements available for Arenas. This is because the audits of two entities had not yet started. Depending on when the audits are completed, the Independent Auditor's Reports, accompanying financial statements and management control letters (if applicable) will be presented at a subsequent meeting of the Audit Committee. The audit of the 2020 audited financial statements of the other remaining one Arena and the 2019 audited financial statements of that same Arena were in progress at the time of preparation of this report.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidate to the Toronto Police Services Board, at pleasure of Council, for a term of office ending on November 14, 2026, and until a successor is appointed:

Nadine Spencer

2. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (February 22, 2023) from the City Clerk remain confidential in their entirety, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Police Services Board.

Candidate's biography:

Nadine Spencer

Nadine is currently the Chief Executive Officer of the Black Business and Professional Association (BBPA), where she works to disrupt structural inequities in business through culturally relevant programming, strategic leadership, and public advocacy. She is also the founder and Chief Executive Officer of BrandEQ, a leading global agency specializing in social change marketing, communications, and public relations. Nadine is a passionate activist and Black community champion focused on corporate Diversity, Equity, and Inclusion policy and equitable education.

The Civic Appointments Committee will conduct interviews and recommend one candidate to City Council for appointment to the Toronto Police Services Board.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidate to the Toronto Atmospheric Fund Board, at pleasure of Council, for a term of office ending on March 31, 2027, and until a successor is appointed:

Dan Zilnik

2. City Council direct that the balance Confidential Attachment 1 to the report (February 22, 2023) from the City Clerk remain confidential in its entirety, as it relates to personal matters about identifiable individuals being considered for appointment to the Toronto Atmospheric Fund Board.

Julia Langer, Chief Executive Officer, Toronto Atmospheric Fund gave a presentation gave a presentation on the Toronto Atmospheric Fund Board to the Civic Appointments Committee.

Candidate's biography:

Dan Zilnik

Dan Zilnik does the math, science and economics of sustainability to build sustainable and resilient companies and economies. He is a partner at Ernst & Young, where he leads sustainability strategy, and is on the board of Carbon Management Canada. Dan is part of Canada’s Clean50 and Clean16, and is a Harvard certified negotiator who holds a Masters of Science degree from the London School of Economics. He lives in Vaughan with his wife, 2 daughters and a badly behaved dog.

This report recommends the appointment of one public member to the Toronto Atmospheric Fund Board.

The Economic and Community Development Committee recommends that:  

1. City Council appoint Nadya Kwandibens to the position of City of Toronto Photo Laureate for a term beginning April 1, 2023, until December 31, 2026, or until a successor is appointed.

The recommended Photo Laureate, Nadya Kwandibens, gave a presentation to the Economic and Community Development Committee.

The purpose of this report is to appoint Nadya Kwandibens as the third City of Toronto Photo Laureate.

The position of the City of Toronto Photo Laureate honours a photographer who is recognized by their peers for artistic excellence and for making a major contribution to photography through their work. Toronto’s Photo Laureate serves as an advocate for visual culture, art photography, and photojournalism, and uses their unique perspective to create a dialogue on contemporary issues.

Nadya Kwandibens is Anishinaabe (Ojibwe) from the Animakee Wa Zhing #37 First Nation in northwestern Ontario. She is an award-winning portrait and events photographer, and a Canon Ambassador. In 2008, she founded Red Works Photography, a dynamic photography company empowering contemporary Indigenous lifestyles and cultures through photographic essays, features, and portraits. Nadya’s photography has been exhibited in group and solo shows across Canada and the United States.

The Economic and Community Development Committee recommends that:  

1.  City Council adopt and certify the 2023 recommended Operating Budgets and Levy requirements of the following Business Improvement Areas:

This report brings forward Business Improvement Area (BIA) annual Operating Budgets for approval by City Council as required by the City of Toronto Act, 2006. City Council approval is required to permit the City to collect funds through a special tax levy on the commercial and industrial properties within the respective Business Improvement Area boundaries. The Business Improvement Area is an association, independently managed from the City and operated by local businesses and property owners, joining together to organize, finance, and deliver capital streetscape improvements, and to promote economic development in a district with its own governance structure as set out in Chapter 19 of the Toronto Municipal Code and the City of Toronto Act, 2006.

There are currently 84 established Business Improvement Areas in the City of Toronto. The Economic and Community Development Committee has previously approved the 2023 Operating Budgets for 50 Business Improvement Areas through Report 1 at its meeting on January 11, 2023 and that report is currently with Council for approval on February 7-9, 2023. Included in this Report 2 is the 2023 Operating Budgets for 27 Business Improvement Areas for City Council approval. Financing of individual Business Improvement Area Operating Budgets is raised by a special levy on the commercial and industrial properties within the respective Business Improvement Area boundaries.

Council has not established a specific policy requiring a Business Improvement Area maintain a certain amount in their accumulated surplus. Should a Business Improvement Area find itself in a deficit, be dissolved or becomes inactive, Council has the authority to collect funds required and liabilities including interests, through the Business Improvement Area levy under Chapter 19 of the Toronto Municipal Code. If a board is dissolved and the liabilities exceed the assets assumed by the City, Council shall recover the difference.

The recommendation in this report reflects the board-adopted 2023 Operating Budgets by the respective Business Improvement Areas’ Boards of Management and General Membership. Complete budgets and supporting documentation have been reviewed by City staff to ensure that the 2023 Operating Budgets for Business Improvement Areas reflect Council’s approved policies and practices.

The General Government Committee submits the item to City Council without recommendation.

The purpose of this report is to advise of the results of Request for Proposal, Ariba Document Number 3448368603, Contract Number RFP‑22ECS‑LU‑02FP, for professional engineering services associated with program management, preliminary and detailed design, construction administration and post construction services for Phase 5 of the Basement Flooding Protection Program, and request the authority to enter into agreements with CH2M Hill Canada Limited, in the amount of $41,348,551 net of all applicable taxes and charges ($42,076,285 net of HST recoveries) and Stantec Consulting Limited, in the amount of $43,768,591 net of all applicable taxes and charges ($44,538,918 net of HST recoveries), respectively, for a combined total of $85,117,142 net of all applicable taxes and charges ($86,615,203 net of HST recoveries).

The General Government Committee recommends that:

1. City Council authorize, in accordance with Section 195-8.5 of the Toronto Municipal Code Chapter 195 (Purchasing), the award of Ariba Document Number 3389680974 for the provision of collection services and approve the commission rates submitted by the Successful Suppliers listed in Attachment 1 to the report (February 15, 2023) from the Chief Procurement Officer, Purchasing and Materials Management Division, and the Director, Court Services.

2. City Council authorize the Director, Court Services to apply an average commission rate plus non-recoverable tax to be set at 12.97% for First (1st) Assignment Accounts and 21.20% for Second (2nd) Assignment Accounts and to be charged to the debtors for the defaulted POA fines that are owed to the City.

3. City Council delegate authority to the Director, Court Services to award contracts and enter into agreements with up to three registered collection agencies for the provision of collection services for the Third Assignment category on a non-competitive basis in a form satisfactory to the City Solicitor, and to approve the commission rates that may be charged by the registered collection agencies and to set the average commission rate to be charged to the debtors for the Third Assignment Accounts.

4. The approval of the collection agency rates set out in Recommendations 1, 2 and 3 above shall constitute the City's approval for the purposes of subsection 165(9) and 70.1(1) of the Provincial Offences Act and section 240 of the City of Toronto Act, 2006.

The purpose of this report is to advise on the results of Request for Proposal ("RFP") Ariba Document Number 3389680974 for the provision of collection agency services to support the collection of defaulted fines under the Provincial Offences Act (POA) and approval of the collection rates under the City of Toronto Act, 2006. Existing contracts expire on March 31st, 2023, and new contracts are required to continue the service. Staff are requesting authority to negotiate and enter into agreements with nine (9) recommended Suppliers in accordance with the terms outlined in the RFP as listed in Attachment 1.

The debt collection agency services have been segmented into three (3) categories:

· "First (1st) Assignment" These accounts have been in default for up to two years from the date of the Accounts Receivable Report based on the debtor. These accounts may either have been previously assigned in third-party collections, or this may be the first assignment.

· "Second (2nd) Assignment" These accounts have been in default for more than two years and less than 20 years. All of these accounts have been previously assigned to third-party collections.

· "Third (3rd) Assignment" These accounts have been in default for more than 20 years. All these accounts have been previously assigned to third-party collections.

This report also seeks authorization to enter Non-Competitive Procurement Agreements with up to 3 Suppliers for the Third (3rd) Assignment as the RFP resulted in no bids for this category.

This report also proposes that City Council approve an average commission rate plus non-recoverable tax for the First (1st) Assignment and Second (2nd) Assignment. In addition, this report is requesting that delegated authority be given to the Director, Court Services to approve an average commission rate plus non-recoverable tax for the Third (3rd) Assignment. This will ensure that an equal commission rate is applied to City debtors with defaulted POA fines based on assignment category.

The General Government Committee recommends that:

1. City Council receive the report (February 16, 2023) from the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Procurement Officer, Purchasing and Materials Management, for information.

The General Government Committee recessed its public session to meet in closed session to consider this item as it relates to a matter about litigation or potential litigation that affects the City of Toronto.

The General Government Committee requested the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, to review the circumstances arising from the Micro-Tunneling Boring Machine on Old Mill Drive and to report back to the April 20, 2023 meeting of the General Government Committee on options available to recover the costs incurred by the City.

The purpose of this report is to advise Toronto City Council, pursuant to Chapter 195 of the Toronto Municipal Code (Purchasing By-law, Section 195-7.4), of a non-competitive contract with Clearway Construction Limited, to procure construction services to rescue a micro-tunnelling boring machine on Old Mill Drive (north of Bloor Street), for Assignment 5-01 under the Basement Flooding Protection Program Phase 4, for a total value of $8,997,161 excluding HST ($9,155,511 net of HST recoveries).

The issuance of this non-competitive contract was a matter of extreme urgency, as there was a significant health and safety hazard to the public. The micro-tunnelling boring machine which was being used to construct a new 900 millimetre diameter storm sewer along Old Mill Drive, was ensnared by unforeseen steel tiebacks which had been used to previously brace shoring from two mid-rise development excavations. The integrity of the roadway, nearby subway tunnel and surrounding infrastructure was undermined as a result of ground movement around the micro-tunnelling boring machine due to excessive ground water and poor soil conditions. This ground instability further led to the creation of a sinkhole in the work zone.

The non-competitive contract was required to allow the contractor, Clearway Construction Limited, to review the impacted area and safely proceed with the micro-tunnelling boring machine rescue operations, including de-stressing and removing steel tiebacks; and jet and compaction grouting to stabilize the ground.

This repair was deemed an emergency during Council Recess under Chapter 195-7.1 (G) of the Municipal Code. Reporting back to City Council is required in accordance with Municipal Code Chapter 195, Purchasing, Article 7, Section 195-7.4(B) where an emergency non-competitive contract exceeds $500,000.

The General Government Committee recommends that:  

1. City Council grant authority to the Interim Chief Engineer to negotiate and enter into a non-competitive contract with Midome Construction Services Limited to install the new streetcar tracks and related infrastructure on Adelaide Street, between York Street and Victoria Street, in the amount of $39,545,000, net of all taxes and charges ($40,240,992 net of HST recoveries), on terms and conditions satisfactory to the Interim Chief Engineer and Executive Director, Engineering and Construction Services, and in a form satisfactory to the City Solicitor, subject to finalization of an agreement with Metrolinx on funding and cost sharing.

The purpose of this report is to request authority to enter into a non-competitive contract with Midome Construction Services Limited for the installation of new streetcar tracks and related infrastructure on Adelaide Street, between York Street and Victoria Street, in the amount of $39,545,000 net of all taxes and charges ($40,240,992 net of HST recoveries).

Of the total cost of $39,545,000 mentioned above, Metrolinx intends to fund the installation of the new streetcar tracks and related infrastructure on Adelaide Street in the amount of $39,235,000, and the City will fund the cost of road resurfacing on Adelaide Street in the amount of $310,000, all net of all taxes and charges.

A non-competitive contract is necessary to enable an accelerated installation of the new streetcar tracks on Adelaide Street. These tracks are critical for the timely operation of the streetcar detour around the Metrolinx Ontario Line Queen Street temporary long-term full road closure. In order to ensure efficient transit operations and minimize overlap between the Queen Street closure and restrictions on Adelaide Street during construction of the streetcar tracks, it is imperative that construction proceeds as soon as possible. 

City Council approval is required in accordance with Municipal Code Chapter 195-Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment for each supplier, under Article 7, Section 195-7.3 (D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority as per the Toronto Municipal Code, Chapter 71-Financial Control, Section 71-11A.

The General Government Committee recommends that:

1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement for a five (5) year period commencing from the date of award, with Orange Traffic Inc. in the amount of $3,046,590 net of Harmonized Sales Tax ($3,100,210 net of Harmonized Sales Tax recoveries) for the supply and delivery of Traffic Signal Controllers, on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive contract with Orange Traffic Inc. for the supply and delivery of Traffic Signal Controllers on behalf of Transportation Services (TS) and via Materials Management and Stores. The term of the contract will be a five (5)-year term from the date of award, in the total amount of $3,046,590 net of Harmonized Sales Tax ($3,100,210 net of Harmonized Sales Tax recoveries).

A recent Request for Quotation (RFQ) Ariba Document Number 3299251684 was issued for the supply and delivery of the Traffic Control Equipment with five (5) biddable Parts, each Part was intended to be awarded separately. However, Part C (for the supply and delivery of the Traffic Signal Controllers) was closed without any bidders. Upon review of the most recent contract for the same traffic controller equipment, Orange Traffic Inc. was the only bid received. The City of Toronto (City) then requested pricing from Orange Traffic Inc. and the costs were deemed consistent with expectations in terms of the increase in costs from the previous bid four (4) years ago when considering Consumer Price Index (CPI) and factoring in current market pricing.

Given the critical need for Transportation Services to maintain a supply of this particular traffic signal component which supports Vision Zero related operations such as advanced green for pedestrians as well as the MoveTO Congestion Management Plan's Smart Signal and Transit Signal Priority deployments; a non-competitive contract with Orange Traffic Inc. is being recommended by Transportation Services and Purchasing and Materials Management Division (PMMD) staff.

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five year commitment for each supplier under Article 7, Section 195-7.3D of the Purchasing By-Law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.

The General Government Committee recommends that:

1. City Council authorizes the General Manager, Transportation Services to negotiate and execute a non-competitive agreement with Traffic Logix Corporation for a two (2)-year period commencing from the date of award to December 31, 2024, with the option to renew for three (3) additional one (1)-year periods, in the amount of $4,067,273 net of Harmonized Sales Tax ($4,138,857 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive contract with Traffic Logix Corporation for the supply and delivery of “Watch Your Speed” Signs on behalf of Transportation Services by City Stores. The term of the contract will be a two (2)-year period commencing from the date of award to December 31, 2024, with the option to renew for three (3) additional one (1)-year periods, with a total amount of $4,067,273 net of Harmonized Sales Tax ($4,138,857 net of Harmonized Sales Tax recoveries).

Blanket Contract Number 47020582 was awarded to Traffic Logix Corporation in 2017 resulting from the competitive solicitation Request for Quotation Number 6036-17-0201. The contract expired on March 31, 2020. Another Blanket Contract Number 47022201 was awarded to Traffic Logix Corporation in 2019 resulting from Request for Quotation Number 6029-18-0263.

The new contract is requested in order to deliver on the City Council directive to expedite implementation of traffic safety measures in designated School Safety Zones as part of the Vision Zero Road Safety Plan.

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five year commitment for each supplier, under Article 7, Section 195-7.3D of the Purchasing By-Law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.

The General Government Committee recommends that:  

1. City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a. enter into a Municipal Capital Facility Agreement with Cedar City Paradise (Milliken) Inc, which leases approximately 1,700 square feet of space at 240 Alton Towers Circle, suite 300 (the "Leased Premises") to the City of Toronto, used for social and health services; and

b. exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: (1) the commencement date of the Lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption by-law is enacted.

2.  City Council direct the City Clerk to give written notice of the by-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

This report seeks Council's authority for the adoption of the necessary by-law to designate a portion of the property owned by Cedar City Paradise (Milliken) Inc. and leased by the City of Toronto, as a Municipal Capital Facility, and to provide an exemption for municipal and education taxes. The Municipal Capital Facility agreement authorized by the by-law will provide an exemption for approximately 1,700 square feet of space at 240 Alton Towers Circle, suite 300 leased to Toronto Public Health.

 The General Government Committee recommends that:

1. City Council amend City of Toronto By-Law 18-97, respecting the Metropolitan Toronto Police Retirement Compensation Arrangement "Police RCA", as follows:

a. Provide that all references in the By-Law to “the Board” shall be read as references to the City of Toronto;

b. Identify an effective date for the change ("Effective Date"), being the date that By-law 181-81 respecting the Metropolitan Toronto Police Benefit Fund "PBF" is repealed; and

c. Discharge the Board of Trustees from all rights, duties, liabilities and obligations in respect of the Police RCA, from and after the Effective Date.

This report recommends amending By-law 18-97 governing the legacy Metropolitan Toronto Police Retirement Compensation Arrangement ("Police RCA") to have the City of Toronto assume the responsibilities of the Board of Trustees of the legacy Metropolitan Toronto Police Benefit Fund ("PBF"), who are also the Trustees of the Police RCA, in relation to the Police RCA, and to discharge the Trustees of the Police RCA from any further responsibilities. 

The PBF was rolled into OMERS in 2019 and approval has now been granted by the Financial Services Regulatory Authority of Ontario ("FSRA") to close it. The remaining step is for the City to repeal the PBF By-law.

The Police RCA is unable to be rolled into OMERS. If the proposed changes are not made, the Board of Trustees will be required to remain active solely in order to fulfil their role as Trustees of the Police RCA, and the PBF By-law will not be able to be repealed.

These By-law amendments and resulting governance changes to the Police RCA will allow the Board of Trustees to be disbanded and the related PBF By-law to be repealed.

The Board of Trustees, in their capacity as Trustees of the Police RCA, unanimously approved these proposed governance changes on November 22, 2022.

The General Government Committee recommends that:

1. City Council, as the approving authority under the Expropriations Act, approve the disposition of a portion of the property municipally known as 13 Barberry Place, Toronto, as shown cross hatched in blue and marked as Part 1 on Attachment 1 (the "Surplus Lands") to the report (February 16, 2023) from the Executive Director, Corporate Real Estate Management, by the City, as expropriating authority, without giving the owner from whom the Surplus Lands was expropriated the first chance to repurchase the Surplus Lands on the terms of the best offer received by the City.

2. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the recommendations above.

This report seeks City Council authority to dispose of a portion of the property municipally known as 13 Barberry Place, Toronto, as shown cross hatched in blue and marked as Part 1 on Attachment 1 to this report (the "Surplus Lands") without giving the owners from whom the Surplus Lands were expropriated the first chance to repurchase the Surplus Lands on the terms of the best offer received by the City, pursuant to section 42 of the Expropriations Act, R.S.O. 1990, c. E.26, as amended (the "Expropriations Act").

The Surplus Lands form a small remnant portion of the original expropriated property at 13 Barberry Place. The previous owner does not own any abutting property, and therefore it is unlikely that the previous owner would have any interest in acquiring the Surplus Lands. Furthermore, City staff have been unable to locate the previous owner. In 2018, the Surplus Lands (along with the rest of the lands at 13 Barberry Place) were expropriated by the City for the purposes of a Transportation Services road project.

The General Government Committee recommends that:

1. City Council authorize the City to enter into a lease agreement (the "Lease") at below market basic rent with Toronto Cat Rescue (the "Tenant") for the premises described as Unit 15, 705 Progress Avenue, Toronto as outlined in the attached Appendix B (the "Leased Premises") for a five year term, substantially on the terms and conditions set out in the attached Appendix A to the report (February 16, 2023) from the Executive Director, Corporate Real Estate Management and the Executive Director, Municipal Licensing and Standards, with such other terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management, and in a form acceptable to the City Solicitor.

2. City Council authorize each of the Deputy City Manager, Corporate Services, and the Executive Director, Corporate Real Estate Management, severally to execute the Lease and any related documents on behalf of the City.

3. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Executive Director, Social Development, Finance and Administration, to administer and manage the Lease including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

4. City Council authorize the Executive Director, Municipal Licensing and Standards to negotiate, enter into, execute and administer a service agreement with the Tenant substantially on the terms and conditions set out in this report from the Executive Director, Corporate Real Estate Management Services and Executive Director, Municipal Licensing and Standards, for Toronto Cat Rescue's provision of feral/stray/abused cat protection and control services at 705 Progress Avenue, Unit 15.

5. City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a. enter into a Municipal Capital Facility Agreement with the Tenant, with respect to the Leased Premises, comprising approximately 2,031 square feet, used for the provision of protection, regulation and control of animals; and

b. exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of (1) the commencement date of the Lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the service agreement is entered into, and (4) the date the Tax Exemption By-law is enacted.

6. City Council direct the City Clerk to give written notice of the Municipal Capital Facility By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

This report seeks to obtain Council authority for the City (the "Landlord") to enter into a lease agreement at below market basic rent (the "Lease") and a service agreement (the "Service Agreement") with Toronto Cat Rescue (the "Tenant"), for certain premises comprising approximately 2,031 square feet of space located at 705 Progress Avenue, Unit 15 (the "Leased Premises").

This report also seeks Council's authority for the adoption of the necessary by-law to designate the Leased Premises owned by the City and the Toronto District School Board as a Municipal Capital Facility, and to provide an exemption for municipal taxes and education taxes. The Municipal Capital Facility agreement authorized by the by-law will provide an exemption for the Leased Premises.

Municipal Licensing and Standards' Toronto Animal Services has been occupying the Leased Premises through an arrangement with Corporate Real Estate Management since October 1, 2012. The use of the Toronto Animal Services occupancy was to open the Feral Cat Recovery Centre as part of their Trap, Neuter and Return Program given its close proximity to Toronto Animal Services' East Spay-Neuter Clinic. Toronto Animal Services has worked with Toronto Cat Rescue to lead the operations of the Recovery Centre since March 2015.

The General Government Committee recommends that:

1. City Council authorize the Chief Technology Officer to execute a non-competitive Non-Ontario Public Service (Non-OPS) Client Agreement to the Volume Licensing Agreement (VLA) with OpenText Corporation ("OpenText") for the purchase of Enterprise Information Management ("EIM") products and services for a term from the date of award to November 24, 2025, with an option at the City's discretion to extend for up to two (2) consecutive one (1)-year terms, and in the amount of $965,000 net of all applicable taxes and charges ($981,984 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Chief Technology Officer and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek authority to execute a non-competitive Non-Ontario Public Service (Non-OPS) Client Agreement to a Volume Licensing Agreement (VLA) with OpenText Corporation ("OpenText") for the purchase of Enterprise Information Management ("EIM") products and services. The cost will be $965,000 net of all applicable taxes and charges ($981,984 net of Harmonized Sales Tax recoveries).

It is estimated that more than 90% of City information is born in electronic form. The City has a continuing need for supporting infrastructure and technologies to manage the whole lifecycle of all City records, paper and electronic.

OpenText Records Management Application provides the City a complete centralized records lifecycle management solution. As the City's digital content grows, key benefits are the ability to manage information storage costs, reduce cybersecurity risks, and privacy compliance requirements set out in the City of Toronto Act.

In 2009, the Province of Ontario competitively procured OpenText as its Enterprise Information Management Vendor of Record (VOR) Number 1020 for Enterprise Document and Records Management ("EDRMS") Products and Professional Services. In 2015, the City received authority from City Council to leverage the Vendor of Record due to proper fit and favourable pricing and to negotiate and execute a separate non-exclusive three (3)-year agreement with OpenText Corporation for the purchase of professional services as well as licenses and associated support and maintenance. Following the 2015 award, the City used OpenText products and services to develop an enterprise platform to manage the City’s electronic records.

The Provincial Vendor of Record Number 1020 for OpenText products and services expired on May 19, 2019. Subsequently, the Province negotiated a new Volume Licencing Agreement (VLA) with OpenText. The initial term of the VLA was three (3) years, effective November 25, 2019, with two extensions of three (3) years and two (2) years, respectively. The new VLA is under Vendor of Record Number MGS-OPENTEXT-VLA, and it is non-competitive. The City leveraged this VLA and entered into a non-competitive Non-OPS Client Agreement (dated April 6, 2020) with OpenText, which enabled the City to save considerable time and effort in the Provision in this regard. The term of the agreement was set at a two (2)-year term from April 6, 2020, to April 5, 2022.

The City seeks a non-competitive Non-OPS Client Agreement with OpenText for a term from the date of award to November 24, 2025, with an option at the City's discretion to extend for up to two (2) consecutive one (1)-year terms which would align with the term of the Province’s VLA with OpenText to November 24, 2025 including the extension to November 24, 2027.   

The City is requesting authority to spend for the purchase of new licences and professional services for capital projects by leveraging the new VLA with OpenText  under Vendor of Record Number MGS-OPENTEXT-VLA which is valid until November 24, 2025, with the potential to extend for two more years.  In 2023, capital projects will support Solid Waste Management Services and Pension, Payroll and Employee Benefits divisions onboarding to the OpenText Records Management platform TRECS. This effort will require professional services delivered by OpenText. Without a contract, no spend authority allows purchasing of new licences and services.

City Council approval is required in accordance with Municipal Code Chapter 195-Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five-year commitment limit for each supplier under Article 7, Section 195-7.3D of the Purchasing By-Law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71-Financial Control, Section 71-11A.

The General Government Committee recommends that:

1. City Council approve an extension of the ShowTech agreement for two (2) years from September 15, 2022 to September 14, 2024, for the exclusive provision of electrical and mechanical services on the same terms and conditions of the existing agreement.

At its meeting on February 2, 2023 the Board of Governors of Exhibition Place considered item EP2.10 and made a recommendation to City Council.

Summary from the report (January 19, 2023) from the Chief Executive Officer, Exhibition Place:

A Request for Proposal (RFP) was issued in February 2015 through the City Purchasing and Materials Management Division. In September 2015, the Board and ShowTech Power and Lighting (“ShowTech”) entered into an agreement for the exclusive provision of electrical and mechanical services to shows and events. The Term of the agreement was for five (5) years, commencing September 15, 2015 and ending September 14, 2020, with the option for the Board to extend for an additional two (2) year period to September 14, 2022.

In May 2020, pursuant to the agreement Exhibition Place opted to exercise its option to renew the agreement for the two (2) year period extending the agreement to September 14, 2022.

Due to COVID-19 pandemic, the Board ceased business for a two (2) year period from March 13, 2020, to April 12, 2022. As such, both the Board and ShowTech as partners have not been able to benefit from the extension.

This report recommends that the Board, subject to City Council approval, approve an extension of the agreement for a two (2) year period commencing September 15, 2022 to September 14, 2024 to cover for the loss of the dark period.

The General Government Committee recommends that:

1. City Council direct the Confidential Attachment 1 to the report (February 14, 2023) from the Chief Information Security Officer remains confidential in its entirety, as it involves the security of property belonging to the City of Toronto Agencies and Corporations.

City Council direct the Chief Information Security Officer to report periodically to the General Government and Committee the details of any City Agency, Corporation, or entity deemed part of the Confirmation Program that deviates from carrying out the objectives of the Confirmation Program– GL30.12. Accordingly, the Office of the CISO has attached one confidential attachment to March 3, 2023, General Government Committee meeting.

- Attachment 1 Provides updates and adherence of City agencies and corporations to the City's cybersecurity confirmation program.

The General Government Committee recommends that:

1. City Council direct the City Manager and Deputy City Manager, Corporate Services to:

a. Immediately pause the reduction in service levels at City Hall, Metro Hall and all Civic Centers in order to review:

i. the impact of a reduction in services and public access on TCHC's requirements for building standards and operational requirements at Metro Hall;

ii. general health and safety requirements for city staff and the public; and

iii. the impact of bundling work orders on wait times for important services.

b. Report these findings to the April 20, 2023 meeting of the General Government Committee.

It has just come to my attention to that there will be significant changes to custodial service levels and public access hours at City Hall, Metro Hall and the Civic Centers based on the Mayor’s budget passed on February 15th.

In particular I want to draw to the Committee’s attention two incompatible issues. Under the ModernTO office consolidation, Toronto Community Housing Corporation (TCHC) head office and operations are to be relocated to Metro Hall from 931 Yonge St. As a public corporation conducting regular business with tenants, staff and the public every effort must be made to ensure that the operations, cleanliness and public access standards at 931 Yonge St. are not compromised by these unforeseen changes at Metro Hall. Lower standards of cleanliness and less public access are not compatible with the move to Metro Hall as dictated by ModernTO.

I am also concerned about the overall reduction in cleaning as we emerge from the pandemic and that the proposed bundling of work orders mean longer waits for service.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the General Manager, Transportation Services, to negotiate and sign on behalf of the City of Toronto a non-exclusive nominal fee licence agreement with Toronto Artscape Inc., for a term of three years with a renewal term of up to three years at the General Manager's discretion, for the purposes of providing community programming at Spectrum Park (Regent Park Boulevard Park) and the adjacent road allowance, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and General Manager, Transportation Services, and in form and content, satisfactory to the City Solicitor.

The purpose of this report is to seek authority from City Council to enter into a non-exclusive nominal fee licence agreement with Toronto Artscape Inc., a registered charity. The agreement would initiate a community partnership to govern the use of park space and provide community programming at Spectrum Park (Regent Park Boulevard Park) and the adjacent road allowance. These outdoor spaces were built as part of the Regent Park redevelopment to facilitate public programming and events. The proposed agreement would facilitate enhanced community programming through a collaboration with Artscape.

The Infrastructure and Environment Committee recommends that:  

1. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign, on behalf of the City of Toronto, a management agreement with Fred Victor Centre, for a term of five years with a renewal term of up to five years at the General Manager's discretion, for the purposes of managing the greenhouse complex including the bake oven and adjacent garden at Regent Park on the City of Toronto's behalf, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in form and content satisfactory to the City Solicitor.

The purpose of this report is to seek authority from City Council to enter into a management agreement with Fred Victor Centre, a registered charity. The agreement would initiate a community partnership to govern use of park space and would allow Fred Victor to manage, on behalf of the City, the greenhouse, bake oven and community garden complex at Regent Park for community benefit. This approach is intended to ensure these park amenities live up to their full potential for serving the community.

The Infrastructure and Environment Committee recommends that:

1.  City Council approve changes to the Residential Energy Retrofit Program in accordance with Attachment 1 to the report (March 6, 2023) from the Deputy City Manager, Corporate Services.

2. City Council amend the Residential Energy Retrofit Program By-law, By Law 1105-2013, to reflect the recommended changes in Recommendation 1 above.

Launched in 2014, the Home Energy Loan Program (HELP, the 'Program') is administered by the Environment and Climate Division in coordination with other Divisions, including Revenue Services. The Program provides funding to support homeowners interested in making their homes more comfortable, healthier and energy efficient, while also reducing greenhouse gas emissions, and is a key program of TransformTO, Toronto's net-zero strategy.

Through HELP, Toronto homeowners can access low-interest loans to cover the costs of a wide range of decarbonisation and energy efficiency measures including air-source heat pumps, window/door replacements, rooftop solar photovoltaics, electric vehicle chargers and more. Since July 2022, with up to $9.7M in funding from the Federation of Canadian Municipalities (FCM), the City has been able to offer a limited amount of zero-interest financing to homeowners on a first come, first served basis which has generated a significant spike in uptake. The City received over 1200 applications after the launch of the zero-interest stream, with financing only being available for a maximum of approximately 300 applicants. The City is engaging with those waiting in the queue on other options to support their retrofits, including accessing the low-interest HELP stream, and is undertaking a broader review of HELP as per direction received during the 2023 Budget process.

At its December 14, 2022 meeting, City Council adopted Member Motion MM2.11 which requested the City Manager to review the homeowner eligibility requirements for HELP with respect to allowing residents who have a minor late payment to qualify for the Program. This report details the results of a review of homeowner eligibility within the scope of tax and utility account history, including arrears, late payments and other fees or charges. It recommends changes to HELP's current eligibility criteria and applicant approval process aimed at relaxing criteria and providing greater clarity for homeowner qualification.

The Infrastructure and Environment Committee recommends that:

1. City Council endorse the Preferred Design for a new north-south complete street and realignment of Cowdray Court, generally as shown in Attachments 2, 3 and 4 to the report (March 7, 2023) from the General Manager, Transportation Services.

2. City Council authorize the General Manager, Transportation Services to prepare the Environmental Study Report (ESR) for the Southwest Agincourt Transportation Connections Study, issue the Notice of Completion, and post the ESR in the public record in accordance with the requirements of the Municipal Class Environmental Assessment process for Schedule C projects.

3. City Council direct the Chief Planner and Executive Director, City Planning, to prepare an Official Plan Amendment to reflect the planned right-of-way width of 25 metres for Cowdray Court.

4. City Council endorse the additional transportation improvements identified as part of the Southwest Agincourt Connections Study and request the General Manager, Transportation Services to program the design and implementation of the improvements as part of future capital planning processes.

Southwest Agincourt is intensifying with areas transitioning from predominantly low-rise residential and employment uses to higher-density mixed-use buildings. Planned and proposed developments between Highway 401 and Sheppard Avenue East, from Kennedy Road to West Highland Creek, will result in approximately 12,000 new residents living in the area along with new retail and office spaces. Transportation infrastructure improvements are needed to support the growing number of people living and working in this area. Increased traffic from anticipated developments will lead to greater traffic congestion without alternative routes, and the area lacks safe active transportation routes.

The City's Official Plan and the Agincourt Secondary Plan identifies the need for a new north-south street between Sheppard Avenue East and Village Green Square. The provision of this new street will address some of the needed transportation improvements in the area. The street will improve transportation network safety, connectivity to local destinations, and emergency access, and has the potential to improve traffic flow along Kennedy Road and Sheppard Avenue East.

On July 23, 2018, City Council authorized the General Manager, Transportation Services to initiate the Municipal Class Environmental Assessment for the extension of a new north-south street connecting Sheppard Avenue East and Village Green Square with funding provided by Gemterra (Cowdray) Inc., an area developer. The Southwest Agincourt Transportation Connections Study is satisfying Schedule 'C' Municipal Class Environmental Assessment requirements for the new north-south street, where alternative alignments and designs were assessed to arrive at a Preferred
Design for the street.

The Preferred Design for the street, referred to as the 'New Complete Street', will provide an alternate street connection from Sheppard Avenue East to Village Green Square by extending Gordon Avenue southward across the existing CP Rail corridor. The Preferred Design has one vehicle lane in each direction, sidewalks, protected cycle tracks, tree planting areas and space for green infrastructure, new signalized intersections at Cowdray Court and Sheppard Avenue East, and protects for potential future bus service. Cowdray Court is also proposed to be realigned to enable the street to connect at a 90 degree angle to the New Complete Street.

As part of the Study, other opportunities were identified to better connect intensifying mixed-use areas to transit through active transportation network improvements that would be pre-approved projects under the Municipal Class EA process. Additional transportation improvements recommended in the Study include:

· A north-south multi-use trail on the east side of Village Green Square to Sheppard     

  Avenue East, parallel to the Highland Creek under an existing CP Rail bridge

  connecting to key destinations including Agincourt GO station and Collingwood Park;

· Sidewalks along Collingwood Street;

· Cycle tracks along Sheppard Avenue East between Gordon Avenue and Agincourt GO

  station driveway;

· On-street parking and advisory bike lanes on Reidmount Avenue;

· An expanded public realm with enhanced pedestrian and cycling connections to the     

  GO Station through the closure of a portion of Dowry Street to motor vehicles; and

· Pedestrian and cycling safety enhancements at the Sheppard Avenue intersection at the

  Agincourt GO driveway.

Public involvement was an integral part of this Study. The project team engaged with a broad range of residents, businesses, and stakeholders through two rounds of public consultation, stakeholder meetings, online questionnaires, and other consultation activities.

This report summarizes the outcomes of the Southwest Agincourt Transportation Connections Study, and seeks Council endorsement on the Preferred Design for a new north-south complete street, authorization to proceed with filing the Environmental Study Report for the Southwest Agincourt Transportation Connections Study in accordance with the Municipal Class Environmental Assessment process for Schedule C projects, and direction to proceed with the recommended transportation infrastructure projects identified in the Study as part of the future capital planning process.

The Infrastructure and Environment Committee recommends that:

1.  City Council approve (as required by Section 441-11 of Chapter 441, Fees and Charges, of the City of Toronto Municipal Code) the following adjustments (excluding Harmonized Sales Tax) to the Bike Share Toronto program rate structure to take effect April 3, 2023:

a. annual 30 Membership Fee of $105.00;

b. annual 45 Membership Fee of $120.00;

c. annual Membership Overage Fee charges of $0.12 per minute exceeding the user’s selected Annual Membership limit;

d. annual Members E-bike per minute charge of $0.10;

e. casual customer Iconic bike per minute charge of $1.00 unlock fee + $0.12 per minute;

f. casual customer E-bike per minute charge of $1.00 unlock fee + $0.20 per minute;

g. a 90-minute Iconic bike day pass (24h) of $15.00 +$0.12 for each additional minute; and

h. annual Bike Share Toronto Low-Income Program Membership Fee of $5.00.

2.  City  Council direct the Executive Director, Social Development, Finance and Administration and the Chief Technology Officer,  in consultation with the the Toronto Parking Authority, to undertake best efforts to expedite the delivery of the low income fare pass program for Bike Share Toronto in the third quarter of 2023.

3.  City Council request the Toronto Parking Authority Board to request the President, Toronto Parking Authority, for a one year pilot project, to create 100 special Bike Share Toronto annual memberships, which cost the usual membership fee but which include the use of e-bikes without the additional $0.10 per minute charge, and to work with city staff or a non-profit organization to make them available to individuals who receive Ontario Disability Support Benefits (ODSB). 

4. City Council request  the Toronto Parking Authority Board to request the Toronto Parking Authority to engage the Toronto District School Board and the Toronto Catholic District School Board to enter into the corporate discount program.

5. City Council request the Chief Planner and Executive Director, City Planning to report on the viability of requiring all future major for profit residential development to be required to include funding for E-Bike stations in proximity to proposed developments.

 6.  City Council deem that adequate public notice of City Council's consideration of a proposal to change the rate and fee structure of the Bike Share Toronto program (and any corresponding amendment to Chapter 441, Fees and Charges,), has been given through the posting of Item PA2.6 on the published agenda for the Board of Directors of Toronto Parking Authority, and the posting of Item IE2.6 on the published agenda for the Infrastructure and Environment Committee five working days before the Committee meeting.

The Director, Bike Share Toronto, Toronto Parking Authority and the Vice President, Business Development, Toronto Parking Authority gave a presentation on A New Rate Structure for an Expanded and Modernized Bike Share Toronto.

The Infrastructure and Environment Committee referred the following motion to the Toronto Parking Authority Board to consider for financial and operational impacts by the fourth quarter of 2023:

That:

1. Recommendation 1 Part a. be amended by adding the words "With an option to pay the yearly membership in monthly installments" so that part now reads:

a. annual 30 Membership Fee of $105.00, with an option to pay in monthly installments;

2. Recommendation 1 Part b. be amended by adding the words "With an option to pay the yearly membership in monthly installments" so that part now reads:

b. annual 45 Membership Fee of $120.00, with an option to pay in monthly installments;

3.  Recommendation 1 Part d. be amended by deleting "$0.10" and replacing it with "O.08" so that the part now reads:

d. annual Members E-bike per minute charge of $0.08;

2.  Recommendation 1 Part h. be amended by adding the words "The Low-Income Program Membership will provide access to E-bikes at the annual 30 Membership rate for Iconic bikes"  so that the part now reads:

h. annual Bike Share Toronto Low-Income Program Membership Fee of $5.00. The Low-Income Program Membership will provide access to E-bikes at the annual 30 Membership rate for Iconic bikes.

3.  The following new recommendation be added:

2.  City Council request the Toronto Parking Authority Board to request the Toronto Parking Authority to report back to the Infrastructure and Environment Committee in the fourth quarter of 2023 on:

a.  an equity based affordable rate plan for people with disabilities and seniors, for whom usage of E-bikes is an accessibility issue; 

b. a proposal for subsidizing the Bike Share program's expansion and user rate structure with increased on and off street parking levies; and

c.  an equity based investigation to the impact of these rates on users from the inner suburbs who already have fewer modes of active transportation available than users in the downtown core.

At its meeting on March 3, 2023, Board of Directors of Toronto Parking Authority considered Item PA2.6 and made a recommendation to City Council.

Summary from the report (February 27, 2023) from the President, Toronto Parking Authority:

Bike Share Toronto is a convenient, affordable and sustainable mobility option that has emerged as an integral component of Toronto’s transportation network. Since its inception in 2011, the program has seen tremendous success, growing from a system of 80 stations and annual ridership of 400,000 to one of North America's largest bike share systems with a network of over 680 stations, 7100 bikes (including 525 e-bikes) and ridership of 4.6 Million in 2022.

Toronto Parking Authority aspires to make Bike Share Toronto the premiere bike sharing system in the world. Management's Bike Share Growth Strategy will deliver a significant expansion to all 25 Wards including electrification of 20 + percent of the fleet. These programmes are designed to elevate customer satisfaction, drive geographic breadth, improve customer accessibility, and deliver a strong platform for sustainable growth over the long term.

Bike Share Toronto's success to date can be attributed in large part to management's focus on delivering a consistent, reliable customer experience for each and every ride. These efforts were rewarded by securing our best ever customer satisfaction score of 92 percent during our peak summer season in 2022.

However, as Bike Share continues to enjoy double-digit ridership growth, our operating performance is beginning to be stressed reflecting market place demand exceeding supply-particularly during peak operating hours. This traffic drove a 19.4 percent increase in programme expenses in 2022 exacerbated by inflation, investments in frontline resources and more-costly E-bike operations. Failure to address the imbalance between volume growth and cost pressures will degrade key operating metrics and ultimately undermine customer experience.

In order to address this material risk and ensure the sustainable growth of the programme, management is recommending modest changes to its rate structure, which has been unchanged since 2017 despite the programme tripling in size.

This report provides an update on Bike Share's rate structure review, including an overview of the research methodology used to develop recommendations for a new and modernized Bike Share Toronto rate structure, that, if approved, will take effect on April 3, 2023.

The Infrastructure and Environment Committee recommends that:

1. City Council request the General Manager, Transportation Services to include a study and near term implementation cycling and pedestrian project on College Street between Lansdowne Avenue and Manning Avenue in the next Near Term Cycling Network Plan (2025-2027) and to report back as part of the next Cycling Network Plan update.

2. Subject to the adoption of Recommendation 1, City Council request the General Manager, Transportation Services to undertake public consultation with local residents, Business Improvement Areas, and vulnerable road user groups as part of the College Street between Lansdowne Avenue and Manning Avenue project.

College Street is one of the busiest corridors for cycling in Toronto, with thousands of cycling trips per day, year-round. Road safety continues to be a primary concern for residents of our wards, with 25 vulnerable road users having been seriously injured on College Street between 2010 and 2020. As the local Councillors who represent the majority of College Street, we’ve heard from our residents that safe options for active transportation on major corridors is needed.

At its April 7, 2022 meeting, City Council authorized upgrades to College Street including the installation of separated cycle tracks from Manning Avenue to Bay Street. During public consultation for the College Street Upgrades project, residents expressed interest in extension of the bikeway further west.

To create a complete cycling route on College Street, and to complement the existing changes being made between Manning Ave and Bay St, we are proposing a cycling project which would extend bikeways west to Lansdowne Ave.

In addition to road safety, creating a complete cycling connection on College Street will help the City meet our TransformTO goals of ensuring that 75% of trips under 5 kilometres are taken via active transportation by 2050. It will improve connectivity to existing infrastructure on the West Toronto Railpath and to other planned projects, including the Railpath extension, Bartlett-Havelock-Gladstone Cycling Connections project, and the Palmerston-Tecumseth Cycling Connections project. It will also support local businesses, as cycle track installation is shown to improve business spending on the corridors where they are located.

As part of this project, we are recommending that consultation is conducted with local residents, businesses and vulnerable road users so that the project’s design is informed by the needs of community, and to ensure that safety is improved, active transportation is promoted, and local businesses are supported.

The Infrastructure and Environment Committee recommends that:

1. City Council amend the existing permit parking regulation in effect from 12:00 midnight to 6:00 a.m. daily, except no parking from 7:00 p.m. 1st day to 7:00 p.m. on the 16th day of each month, inclusive, April 1 to December 1, inclusive on the even (west) side of Blackthorn Avenue, from house #308 to #424 to be in effect from Rogers Road to a point 38.8 metres north of Rowntree Avenue and from Kenora Crescent to a point 50 metres north of Aileen Avenue.

2. City Council amend the existing permit parking regulation in effect from 12:00 midnight to 6:00 a.m. daily, except no parking from 7:00 p.m. on the 16th day of each month to 7:00 p.m. on the 1st day of each month, inclusive, April 1 to December 1, inclusive and no parking anytime from 7:00 p.m. Dec.1 of one year to 7:00 p.m. Apr. 1 of the next following year, inclusive on the odd (east) side of Blackthorn Avenue, from house #293 to #425 to be in effect from Rogers Road to a point 38.8 metres north of Rowntree Avenue and from Kenora Crescent to a point 50 metres north of Aileen Avenue.

3. City Council authorize permit parking to be in effect from 12:00 midnight to 6:00 a.m., daily on the odd (east) side of Blackthorn Avenue, from Rogers Road to Kenora Crescent.

4. City Council amend the existing parking prohibition in effect from the 16th day to the last day of each month from April 1 to November 30, inclusive, on the east side of Blackthorn Avenue, between a point 60.1 metres south of Helen Avenue and a point 50 metres north of Aileen Avenue to be in effect from Rogers Road and a point 38.8 metres north of Rowntree Avenue and from Kenora Crescent and a point 50 metres north of Aileen Avenue.

5. City Council amend the existing parking prohibition in effect at all times, from December 1 to March 31, inclusive on the east side of Blackthorn Avenue, between a point 60.1 metres south of Helen Avenue and a point 50 metres north of Aileen Avenue to be in effect from Rogers Road and a point 38.8 metres north of Rowntree Avenue and from Kenora Crescent and a point 50 metres north of Aileen Avenue.

6. City Council prohibit parking at all times on the west side of Blackthorn Avenue, between Rogers Road and Kenora Crescent.

7. City Council amend the existing prohibit parking in effect from the 1st day of each month to the 15th day of each month, Apr. 1 to Nov. 30, inclusive on the west side of Blackthorn Avenue, between a point 60.1 metres south of Helen Avenue and a point 50 metres north of Aileen Avenue to be in effect from Rogers Road and a point 38.8 metres north of Rowntree Avenue and from Kenora Crescent and a point 50 metres north of Aileen Avenue.

8. City Council direct that Blackthorn Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.

On July 14, 15 and 16, 2021, City Council adopted Item IE23.9, entitled "Award of Contract Number 21ECS-LU-01TT to EBC Bessac Canada (FSPSTT) Joint Venture for the Construction of the Fairbank Silverthorn Storm Trunk Tunnel and Micro-Tunneled Storm Collectors for Basement Flooding Protection Program Study Area 3".

My office has been notified by City staff that the above referenced construction project requires 18 months road closure for vehicular traffic on Silverthorn Avenue, between Dunraven Drive and Aileen Avenue, and between Kenora Crescent and Rogers Road. This road closure will block driveway access for several residents. The impacted property owners have been issued temporary parking permits on the adjoining streets including Blackthorn Avenue between Rogers Road and Kenora Crescent, in Permit Parking Area 13N, where permit parking is permissible and spaces are available.

Currently, permit parking on Blackthorn Avenue between Rogers Road and Aileen Avenue alternates every 2-weeks between April 1 and November 30. Between December 1 and March 31, permit parking is restricted to the west side. To maximize the number of permit parking spaces available to residents during construction, the current parking prohibitions on Blackthorn Avenue need to be amended. The current inventory of permit parking spaces on Blackthorn Avenue, between Rogers Road and Kenora Crescent, is comprised of 21 and 27 spaces on the west and east sides, respectively.

This motion seeks to temporarily amend the current permit parking regulations on Blackthorn Avenue between Rogers Road and Kenora Crescent to allow for permit parking on the east side throughout the year, during construction. This amendment is reflected in Recommendations 3 and 6, below. Additional recommendations are required as the current bylaw affects addresses in both Ward 5, York South-Weston and Ward 9, Davenport, and as such is being brought to the Infrastructure and Environment Committee.

The Infrastructure and Environment Committee recommends that:

1. City Council request the General Manager, Transportation Services, in consultation with the City Solicitor, to report to the Infrastructure and Environment Committee on options for enhanced safety measures in Senior Safety zones, including but not limited to the feasibility for doubling fines for speeding, reducing the speed limit, and creating larger signage in Senior Safety Zones.

I am requesting your support in calling on the Province of Ontario to double the speeding fines in the Senior Safety Zones in order to enhance our ongoing efforts to protect our seniors.

As the Seniors Advocate for the City of Toronto, it is my priority to ensure that Toronto seniors have the ability to age with greater dignity and navigate their communities without fear for their well-being and safety. The proportion of Toronto's population over age 65 is projected to grow to 21.2% by 2041, and City Council have taken the first steps toward improving the safety of seniors on City streets through the implementation of 64 Senior Safety Zones.

The Toronto Police data states that the majority of victims in fatal collisions were pedestrians (76%). Similarly, the majority of victims in life threatening collisions were also pedestrians (63%). Of the 71 fatalities that have occurred within these safety zones, approximately 44 occurred prior to the zones being designated as Senior Safety Zones and after its implementation, only 27 have been reported from 2018-2022. There has also been a 51% decline in fatalities and a 20% decline in life threatening/altering collisions, within these zones.

The incidence of collision reports within Senior Safety Zones have drastically decreased but this is not enough. The doubling of speeding fines within these zones will protect the security and further improve the safety of Toronto's senior community, especially in areas with larger right-of-way which result in higher vehicular speeds.

The Planning and Housing Committee recommends that:

1. City Council adopt the Official Plan Amendment 641 substantially in accordance with Attachment 2 to the report (February 9, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council amend the City of Toronto Municipal Code, Chapter 415, Development of Land, substantially in accordance with Attachment 3 to the report (February 9, 2023) from the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and the amendment to the City of Toronto Municipal Code as may be required.

The Planning and Housing Committee:

1. Requested the Chief Planner and Executive Director, City Planning, to report to the April 27, 2023 meeting of the Planning and Housing Committee on options to consider how councillors can ensure construction management plans are advanced.

The Planning and Housing Committee held a statutory public meeting on February 28, 2023, and notice was given in accordance with the Planning Act.

The recommended Official Plan Amendment (OPA 641) and municipal by-law included in this report address recent changes to the Planning Act and City of Toronto Act, 2006 under Bill 109, the More Homes for Everyone Act, 2022.

Under the legislation, changes to pre-application consultation, complete application, delegated authority, and timeline to appeal for Site Plan Control applications came into effect on July 1, 2022.

The recommendations included in this report bring the City of Toronto's Official Plan and Municipal Code into conformity with in-force Provincial legislation.

The Planning and Housing Committee recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, substantially in accordance with the draft Zoning By-law Amendment appended as Attachment 1 to the report (February 6, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-law Amendment as may be required.

The Planning and Housing Committee held a statutory public meeting on February 28, 2023, and notice was given in accordance with the Planning Act.

In 2019, following an extensive study of a city-wide laneway suite strategy, City Council amended both the Official Plan and Zoning By-law 569-2013 to permit laneway suites in low-rise residential zones. While City Planning staff had recommended the amendments apply to the entire city, Council directed that the Asquith-Collier, Ramsden Park, and Yorkville neighbourhoods be excluded from the Zoning By-law. Council further directed staff to consider permitting laneway suites within the area as part of its ongoing review of Site and Area Specific Policy 211, being the Bloor-Yorkville/North Midtown Area Site and Area Specific Policy ("SASP 211").

Since that decision, the Province of Ontario has made legislative changes to the Planning Act, through Bill 23, with respect to residential unit permissions on lots containing a detached house, semi-detached house, or rowhouse. These legislative changes advanced City Planning's consideration of laneway suites in the Asquith-Collier, Ramsden Park, and Yorkville neighbourhood areas now instead of following the completion of the review of Bloor-Yorkville/North Midtown Area Site and Area Specific Policy in 2024.

City Planning staff surveyed the laneways in the Asquith-Collier, Ramsden Park, and Yorkville neighbourhoods and found that laneway suites and the existing performance standards in Zoning By-law 569-2013 are appropriate and fit within the existing and planned area context. City Planning staff recommend that City Council amend Zoning By-law 569-2013 to remove the location restriction for laneway suites in this area.

The Planning and Housing Committee recommends that:  

1. City Council direct the Toronto Community Housing Corporation Board of Directors to ensure that:

a. the terms of reference for the Tenant Advisory Committee be developed in collaboration with the Tenant Advisory Committee and the City with consideration of the recent efforts and approach by Toronto Seniors Housing Corporation in establishing its Senior Tenant Advisory Committee;

b. an additional round of recruitment be completed for the Tenant Advisory Committee in partnership with the City, which targets tenants who are not currently involved in Toronto Community Housing Corporation's tenant engagement system, and that meetings with the new and current Committee members begin early in the second quarter of 2023; and

c. Toronto Community Housing Corporation appoint a current tenant director to the Tenant Advisory Committee to liaise between the Tenant Advisory Committee and the Board of Directors;

2. City Council direct the Executive Director, Housing Secretariat, to ensure that City staff provide support to the Tenant Advisory Committee, to assist with both the development of the terms of reference of the Tenant Advisory Committee and the recruitment of new members.

3. City Council request that the Deputy City Manager, Community and Social Services and the Chief Executive Officer, Toronto Community Housing Corporation, jointly co-chair the Tenant Advisory Committee on a transitional basis to provide leadership and establish an effective Committee which will provide the basis for stronger voices from tenants within Toronto Community Housing Corporation.

4. City Council request the Deputy City Manager, Community and Social Services in consultation with the Chief Executive Officer, Toronto Community Housing Corporation to report back in the first quarter of 2024 on the progress of the new Tenant Advisory Committee, including the Terms of Reference that were developed.

On December 14, 2022, City Council adopted Member Motion 2.16, Ensuring a Successful Tenant Advisory Committee at Toronto Community Housing Corporation, which directed the Deputy City Manager, Community and Social Services, to have City staff, through the Tenants First initiative, review the proposal for a new Tenant Advisory Committee including:

• Terms of Reference;
• recruitment and confirmation of members;
• role of tenant directors in a Tenant Advisory Committee; and
• role of the City in a Tenant Advisory Committee

Council directed City staff to report back on the review and recommendations to the February 28, 2023 meeting of the Planning and Housing Committee.

As directed, this report provides recommended direction and advice for Toronto Community Housing Corporation (TCHC) and the City of Toronto to ensure that the Tenant Advisory Committee is successful and that tenants are fully engaged in the process to refresh the broader Toronto Community Housing Corporation tenant engagement system. Working collaboratively, these efforts will support improved communication and engagement between Toronto Community Housing Corporation staff and tenants.

To provide leadership and ensure success in establishing the Tenant Advisory Committee and its Terms of Reference, it is also recommended that the Committee be supported by City staff and co-chaired by the Deputy City Manager, Community and Social Services, and the Chief Executive Officer, Toronto Community Housing Corporation on a transitional basis.

The Planning and Housing Committee recommends that:

1. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (February 10, 2023) from the City Solicitor remain confidential, in its entirety, as it contains advice which is subject to solicitor-client privilege.

2. City Council request that the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning report back to the Planning and Housing Committee once the province has released regulations under Section 111 of the City of Toronto Act, 2006.

The Planning and Housing Committee:

1. Requested the City Manager review the contents of the report (February 10, 2023) from the City Solicitor in the context of the deliberations on the Housing Commissioner.

At its meeting of November 23, 2022, City Council adopted item CC1.2 - Update on Bill 23, More Homes Built Faster Act, 2022, which included a recommendation requesting a report to the Planning and Housing Committee with advice with respect to a legal strategy to deal with potential changes to Section 111 of the City of Toronto Act, 2006, and to explore alternate means to protect rental units from demolition and conversion.

This report has been prepared by the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning in response to City Council's direction.

The Planning and Housing Committee recommends that:

1. City Council amend the City of Toronto Municipal Code, Chapter 103, Heritage, substantially in accordance with Attachment 1 to the report (February 10, 2023) from the Chief Planner and Executive Direction, City Planning.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the amendment to the City of Toronto Municipal Code as may be required.

3. City Council direct the Chief Planner and Executive Director, City Planning, as part of the first annual report required under Section 103-8.7 D. of Chapter 103 of the Toronto Municipal Code, to report on the performance and process of administering the delegated authority of listing properties prior to a prescribed event, as defined under the Ontario Heritage Act.

4. City Council request that the Province of Ontario make the necessary amendments to the Ontario Heritage Act to allow for the municipality and a property owner to agree to a mutual extension or waiver of the timeline prescribed in Paragraph 1 of subsection 29 (1.2) requiring that property be listed on the Heritage Register at the time of a prescribed event.

This report provides an update on the recent changes to the Ontario Heritage Act (the "OHA") that the Province has implemented through Bill 23, the More Homes Built Faster Act 2022, and proposes administrative changes to the City of Toronto's Municipal Code as a Phase One response to the amendments.

On November 28, 2022, Bill 23, the More Homes Built Faster Act 2022, received royal assent and proposed extensive changes to the various pieces of legislation, including the Ontario Heritage Act.

On January 1, 2023, the amendments to the Ontario Heritage Act were proclaimed into force, except for one provision that requires that a Heritage Register be posted on a municipality's website, intended to come into effect on July 1, 2023. The Ontario Heritage Act amendments will require significant changes to how the City conserves its cultural heritage resources, particularly with respect to listing properties on the Heritage Register. The identification and conservation of heritage properties remains an integral component of land use planning.

Staff are currently undertaking a review of the City's current practices for listing heritage properties in the context of Bill 23. It is anticipated that through this review staff will have forthcoming recommendations on how to best align the City's response to these amendments within the existing policy framework, the City's phased response to Bill 109, and to the City's Concept 2 Keys program, and ongoing divisional program review. There will likely be a multi-phased approach to the response to the various legislative changes as they relate to the Ontario Heritage Act including consideration of further policy changes from the Province. 

This initial report focuses on the process of inclusion of a heritage property in the Register.

One of the most significant impacts of the amendments is a two year time limitation on the listing of heritage properties. There are currently 3,981 properties listed on the City's Heritage Register that are not yet designated. The properties are located across the City, and some have been listed for nearly fifty years. All listed properties are subject to this new time limitation, whereby if the council of the municipality does not give a notice of intention to designate the property under subsection 29 (1) of the Ontario Heritage Act on or before the second anniversary of the day the property was included in the Register, Council must remove the property from the Register and cannot list it again for a period of five years. 

The Ontario Heritage Act amendments also place restrictions on Council's ability to designate a property that is subject to a development application, if the property is not listed on the City's Heritage Register before the time period prescribed under the Ontario Heritage Act related to those development applications. Given the very limited time available to list a property involved in a development application, and the limitations of scheduled committee and council meetings needed to adopt a listing, this provision places the largest immediate risk before Council.

As an initial response to Bill 23, staff are recommending that Council delegate focused administrative authority to the Chief Planner and Executive Director, City Planning. The purpose of the delegation is to ensure that the City can respond to prescribed applications in a timely manner, while ensuring that Council is not precluded from making timely and informed decisions with respect to land use planning and heritage conservation. Authority would be delegated to include a property in the Heritage Register when they are believed to be of cultural heritage value and where they meet at least two of the Provincial Criteria for holding cultural heritage value or interest (the amended Act requires a property to meet one criterion), and when they are subject to privately initiated Official Plan Amendment, Zoning By-law Amendment, and/or Draft Plan of Subdivision application. Allowing the delegation of listing in these limited instances will ensure the timely listing of unlisted heritage properties within the development process, provide certainty and clarity, and assist staff in processing applications within the Bill 109 timelines. This also ensures that Council is not precluded from considering whether a property merits designation or not under section 29 of the Ontario Heritage Act.  Council would remain the approval authority for designations under the Act.

The Planning and Housing Committee recommends that:

1. City Council include the following nine properties on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachments 1 through 5 to the report (February 6, 2023) from the Chief Planner and Executive Director, City Planning.

239 Gerrard Street East

241 Gerrard Street East

243 Gerrard Street East

245 Gerrard Street East

247 Gerrard Street East

249 Gerrard Street East (including the entrance addresses of 251 and 253 Gerrard Street East)

509 Parliament Street  

1871 Weston Road  

1885 Weston Road

This report recommends that City Council include nine properties on the City of Toronto's Heritage Register for their cultural heritage value and interest.

The nine properties being recommended for inclusion on the Register are as follows:

239 Gerrard Street East, Toronto-Centre - Ward 13

241 Gerrard Street East, Toronto-Centre - Ward 13

243 Gerrard Street East, Toronto-Centre - Ward 13

245 Gerrard Street East, Toronto-Centre - Ward 13

247 Gerrard Street East, Toronto-Centre - Ward 13

249 Gerrard Street East (including 251 and 253 Gerrard Street East) - Ward 13

509 Parliament Street, Toronto-Centre - Ward 13

1871 Weston Road, York South-Weston - Ward 5

1885 Weston Road, York South-Weston - Ward 5

All of the nine properties recommended for inclusion on the City's Heritage Register have been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest and are believed to be of cultural heritage value or interest.

The subject properties include a significant grouping of Second Empire-style, mixed-use buildings along Gerrard Street west of Parliament Street in the Cabbagetown Southwest Heritage Conservation District Study Area, a representative example of an early-twentieth-century movie theatre with a subsequent history as a CBC studio in the Cabbagetown neighbourhood, as well as a mid-twentieth-century, modernist-style bank building, and a mid-twentieth-century, Neo-Gothic-style church building, both with important historical/associative values related to Weston.

The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted.

On January 1, 2023, amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) came into effect. Under the Act as amended, a municipal heritage register may include properties that have not been designated but Council believes to be of "cultural heritage value or interest", and that meet one or more of the provincial criteria for determining whether they are of cultural heritage value or interest. The Act now also limits listing to a period of two years.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The recent amendments to the Act limit listing of non-designated properties to a period of two years.  If a listed property is not subject to a Notice of Intention to Designate within 2 years, on and after the second anniversary of the property being listed in the heritage register, the legislation deems the property be removed from the heritage register after a 2 year period and imposes a 5 year prohibition on re-including that property in the heritage register, if deemed to be removed.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.7 and made recommendations to City Council.

Summary from the report (January 27, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council include nine properties on the City of Toronto's Heritage Register for their cultural heritage value and interest.

The nine properties being recommended for inclusion on the Register are as follows:

239 Gerrard Street East, Toronto-Centre - Ward 13

241 Gerrard Street East, Toronto-Centre - Ward 13

243 Gerrard Street East, Toronto-Centre - Ward 13

245 Gerrard Street East, Toronto-Centre - Ward 13

247 Gerrard Street East, Toronto-Centre - Ward 13

249 Gerrard Street East (including 251 and 253 Gerrard Street East) - Ward 13

509 Parliament Street, Toronto-Centre - Ward 13

1871 Weston Road, York South-Weston - Ward 5

1885 Weston Road, York South-Weston - Ward 5

All of the nine properties recommended for inclusion on the City's Heritage Register have been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest and are believed to be of cultural heritage value or interest.

The subject properties include a significant grouping of Second Empire-style, mixed-use buildings along Gerrard Street west of Parliament Street in the Cabbagetown Southwest Heritage Conservation District Study Area, a representative example of an early-twentieth-century movie theatre with a subsequent history as a CBC studio in the Cabbagetown neighbourhood, as well as a mid-twentieth-century, modernist-style bank building, and a mid-twentieth-century, Neo-Gothic-style church building, both with important historical/associative values related to Weston.

The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted.

On January 1, 2023, amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) came into effect. Under the Act as amended, a municipal heritage register may include properties that have not been designated but Council believes to be of "cultural heritage value or interest", and that meet one or more of the provincial criteria for determining whether they are of cultural heritage value or interest. The Act now also limits listing to a period of two years.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

 A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The recent amendments to the Act limit listing of non-designated properties to a period of two years.  If a listed property is not subject to a Notice of Intention to Designate within 2 years, on and after the second anniversary of the property being listed in the heritage register, the legislation deems the property be removed from the heritage register after a 2 year period and imposes a 5 year prohibition on re-including that property in the heritage register, if deemed to be removed.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 191 College Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 191 College Street (Reasons for Designation) attached as Attachment 3 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council state its intention to designate the property at 193 College Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 193-195 College Street (Reasons for Designation) attached as Attachment 4 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

3. City Council state its intention to designate the property at 195 College Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 193-195 College Street (Reasons for Designation) attached as Attachment 4 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

4. City Council state its intention to designate the property at 199 College Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 199 College Street (Reasons for Designation) attached as Attachment 5 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

5. City Council state its intention to designate the property at 74 Henry Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 74-76 Henry Street (Reasons for Designation) attached as Attachment 6 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

6. City Council state its intention to designate the property at 76 Henry Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 74-76 Henry Street (Reasons for Designation) attached as Attachment 6 to the report (February 17, 2023) from the Chief Planner and Executive Director, City Planning.

7. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating these properties under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the properties at 191-199 College Street (including entrance address at 197 College Street), and 74-76 Henry Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties are located on the southwest corner of College and Henry streets and comprise part of a collection of surviving representative examples of late 19th-century semi-detached house form buildings with detailing from the Victorian period. They support and maintain the historical character of College Street and the residential neighbourhood that developed on the south side of the street across from the University of Toronto campus, as well as the transition that occurred as College Street evolved into the present-day commercial thoroughfare.

At the February 16th meeting of Toronto Preservation Board, Heritage Planning staff were requested to provide a revised Attachment 6 directly to the March 29, 2023 City Council meeting as it relates to PB3.1.  This report includes the revised Attachment 6.

On April 24, 2018, City Council listed several properties on College Street (including the subject properties at 191, 193, 195, and 199 College Street) on the Heritage Register.  The College Street properties were originally identified for their cultural heritage value and interest in the College Street Study, which was undertaken by the City's Planning Division beginning in 2013 and through community engagement in co-ordination with the development of the College Street Urban Design Guidelines (University Avenue to Bathurst Street) with the Official Plan and the Site and Area Specific Policy (SASP) adopted by Council in May 2017. The subject properties at 74-76 Henry Street are outside the boundary of Site and Area Specific Policy 533 and are not on the Heritage Register.

Staff have completed the Research and Evaluation Report for the properties at 191-199 College Street and 74-76 Henry Street and determined that the properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act regarding design/physical and contextual value. As such, the properties are significant built heritage resources.

In May and August 2022, the City received Official Plan Amendment, Site Plan Control and Zoning By-law Amendment applications related to the proposed redevelopment of the subject properties. The proposal would add a 31-storey tower atop a seven-storey podium, and the proposal includes partial retention and restoration of the subject properties in-situ.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. A revised Heritage Impact Assessment, dated May 4, 2022, completed by ERA Architects Inc. was submitted to support the application, replacing an earlier version dated April 29, 2022.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act.

The City Clerk issued a complete application notice on August 26, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 until April 14, 2023. Council must make its decision at its March 29-31 meeting to provide sufficient time for the City Clerk to issue a notice of the intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under Section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to this Prescribed Event, including the properties located at 74 and 76 Henry Street, since it occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is in effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Act if it meets two or more of the provincial criteria for determining whether it is of cultural heritage value or interest.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.1 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:
This report recommends that City Council state its intention to designate the properties at 191-199 College Street (including entrance address at 197 College Street), and 74-76 Henry Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties are located on the southwest corner of College and Henry streets and comprise part of a collection of surviving representative examples of late 19th-century semi-detached house form buildings with detailing from the Victorian period. They support and maintain the historical character of College Street and the residential neighbourhood that developed on the south side of the street across from the University of Toronto campus, as well as the transition that occurred as College Street evolved into the present-day commercial thoroughfare.

On April 24, 2018, City Council listed several properties on College Street (including the subject properties at 191, 193, 195, and 199 College Street) on the Heritage Register.  The College Street properties were originally identified for their cultural heritage value and interest in the College Street Study, which was undertaken by the City's Planning Division beginning in 2013 and through community engagement in co-ordination with the development of the College Street Urban Design Guidelines (University Avenue to Bathurst Street) with the Official Plan and the Site and Area Specific Policy (SASP) adopted by Council in May 2017. The subject properties at 74-76 Henry Street are outside the boundary of SASP 533 and are not on the Heritage Register.

Staff have completed the Research and Evaluation Report for the properties at 191-199 College Street and 74-76 Henry Street and determined that the properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act regarding design/physical and contextual value. As such, the properties are significant built heritage resources.

In May and August 2022, the City received Official Plan Amendment, Site Plan Control and Zoning By-law Amendment applications related to the proposed redevelopment of the subject properties. The proposal would add a 31-storey tower atop a seven-storey podium, and the proposal includes partial retention and restoration of the subject properties in-situ.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. A revised HIA, dated May 4, 2022, completed by ERA Architects Inc. was submitted to support the application, replacing an earlier version dated April 29, 2022.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act.

The City Clerk issued a complete application notice on August 26, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 until April 14, 2023. Council must make its decision at its March 29-31 meeting to provide sufficient time for the City Clerk to issue a notice of the intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under Section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to this Prescribed Event, including the properties located at 74 and 76 Henry Street, since it occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is in effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Act if it meets two or more of the provincial criteria for determining whether it is of cultural heritage value or interest.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 3377 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 3377 Bayview Avenue (Reasons for Designation) attached as Attachment 3 to the report (January 30, 2023) from the Chief Planner and Executive Director, City Planning; and

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 3377 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 3377 Bayview Avenue comprises the Tyndale University campus, formerly the Sisters of St. Joseph Motherhouse campus. The built components of the property are primarily situated on table lands overlooking a ravine alongside the German Mills Creek, a tributary of the Don River. The architectural firm of Marani, Morris & Allan designed the complex of interconnected buildings in 1959-1960 to reflect both Neoclassical and Modernist principles. The ensemble, further united through landscape and circulation elements, constitutes a cultural landscape that has facilitated ongoing spiritual practice and religious education for over 60 years.

Staff have completed the Research and Evaluation Report for the property at 3377 Bayview Avenue and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

As the property includes an active place of worship, this designation report was prepared to respect and protect according to the Places of Worship policy of the Official Plan.

In June 2021, the City received an Official Plan Amendment and Rezoning application related to the property at 3377 Bayview Avenue. This application, along with a concurrent application for Draft Plan of Subdivision (21 169804 NNY 17 SB), proposes 15 residential and mixed use buildings, most of which would range in height from five to eight-storeys, with three buildings from 12 to 20-storeys. These buildings will accommodate 1504 units, 50% of which would be affordable rental, and 50% market rental. A total of 1,385 square metres of new non-residential gross floor area is proposed within Phase 1, including a daycare, restaurant, and flexible use spaces to be used by Tyndale University. A network of public and private streets, shared streets and a publicly accessible open space are proposed. Tyndale University would own the residential components, and would remain operational. Portions of the existing buildings and landscapes would be retained. The application was appealed to the Ontario Land Tribunal on March 3, 2022.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. ASI Architects prepared an Heritage Impact Assessment for 3377 Bayview Avenue that was submitted in June 2021. A revised Heritage Impact Assessment was submitted in January 2023.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on July 23, 2021. The property owner provided a waiver to extend indefinitely the 90-day timeline established under Bill 108.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act and came into effect on January 1, 2023.  

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.4 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the property at 3377 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 3377 Bayview Avenue comprises the Tyndale University campus, formerly the Sisters of St. Joseph Motherhouse campus. The built components of the property are primarily situated on table lands overlooking a ravine alongside the German Mills Creek, a tributary of the Don River. The architectural firm of Marani, Morris & Allan designed the complex of interconnected buildings in 1959-1960 to reflect both Neoclassical and Modernist principles. The ensemble, further united through landscape and circulation elements, constitutes a cultural landscape that has facilitated ongoing spiritual practice and religious education for over 60 years.

Staff have completed the Research and Evaluation Report for the property at 3377 Bayview Avenue and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

As the property includes an active place of worship, this designation report was prepared to respect and protect according to the Places of Worship policy of the Official Plan.

In June 2021, the City received an OPA and Rezoning application related to the property at 3377 Bayview Avenue. This application, along with a concurrent application for Draft Plan of Subdivision (21 169804 NNY 17 SB), proposes 15 residential and mixed use buildings, most of which would range in height from 5 to 8 storeys, with three buildings from 12 to 20 storeys. These buildings will accommodate 1504 units, 50% of which would be affordable rental, and 50% market rental. A total of 1,385 square metres of new non-residential gross floor area is proposed within Phase 1, including a daycare, restaurant, and flexible use spaces to be used by Tyndale University. A network of public and private streets, shared streets and a publicly accessible open space are proposed. Tyndale University would own the residential components, and would remain operational. Portions of the existing buildings and landscapes would be retained. The application was appealed to the Ontario Land Tribunal on March 3, 2022.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. ASI prepared an HIA for 3377 Bayview Avenue that was submitted in June 2021. A revised HIA was submitted in January 2023.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on July 23, 2021. The property owner provided a waiver to extend indefinitely the 90-day timeline established under Bill 108.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act and came into effect on January 1, 2023.  

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 401 Yonge Street (including entrance addresses at 403 and 405 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance:  401 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (February 7, 2023) from the Chief Planner and Executive Director, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 401 Yonge Street (including entrance addresses at 403 and 405 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 401 Yonge Street (including the entrance addresses of 403 and 405 A Yonge Street) is located midblock, slightly north of the northeast corner of Yonge and Gerrard Streets. The subject property originally comprised of a three-storey building that was commissioned by the grocer and merchant Joseph Bickerstaff. Constructed in 1873, the structure is a surviving rare and early example of a commercial building in Toronto designed by William Stewart (1832-1907), a significant architect who practised in Toronto c. 1872-1885 and later became a leading and prolific architect in Hamilton. Stewart's buildings have been recognized by the municipal and federal governments including the commercial Victoria Hall (1887), a National Historic Site located opposite Gore Park in downtown Hamilton and a Second Empire-style commercial building at 506-514 Queen Street West (1874) located within the Queen West Heritage Conservation District.

In 1974, City of Toronto Council listed the property on the City of Toronto's Heritage Register. The property has contributed to Yonge Street's historic character for 150 years. The façade of the Italianate style building was conserved in situ in 2014 when a new structure was built behind. The property is in close proximity to numerous Heritage Register properties along Yonge Street and the area which have been recognized for their cultural heritage value with listing or designated under Part IV, Section 29 of the Ontario Heritage Act.  

Staff have completed the Research and Evaluation Report for the property at 401 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act.

In July 2022, the City received a Zoning By-law Amendment application related to proposed redevelopment of the subject property with a 76-storey tower along Yonge Street. The proposed development will retain the façade of the historic 1873 building.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. A revised Heritage Impact Assessment, dated June 15, 2022, completed by GBCA Architects Inc. was submitted to support the application.

The City Clerk issued a complete application notice on September 12, 2022. The property owner provided a waiver to extend the Prescribed Event 90-day timeline until April 14, 2023. Council must make its decision at its March 29-31 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to this Prescribed Event since it occurred prior to January 1, 2023. The property has been on the City's Heritage Register since 1974. 

The Province has amended O. Reg. 9/06 under the Ontario Heritage Act, which is intended to come into effect on January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.3 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the property at 401 Yonge Street (including entrance addresses at 403 and 405 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 401 Yonge Street (including the entrance addresses of 403 and 405 A Yonge Street) is located midblock, slightly north of the northeast corner of Yonge and Gerrard Streets. The subject property originally comprised of a three-storey building that was commissioned by the grocer and merchant Joseph Bickerstaff. Constructed in 1873, the structure is a surviving rare and early example of a commercial building in Toronto designed by William Stewart (1832-1907), a significant architect who practised in Toronto c. 1872-1885 and later became a leading and prolific architect in Hamilton. Stewart's buildings have been recognized by the municipal and federal governments including the commercial Victoria Hall (1887), a National Historic Site located opposite Gore Park in downtown Hamilton and a Second Empire-style commercial building at 506-514 Queen Street West (1874) located within the Queen West Heritage Conservation District.

In 1974, City of Toronto Council listed the property on the City of Toronto's Heritage Register.  The property has contributed to Yonge Street's historic character for 150 years. The façade of the Italianate style building was conserved in situ in 2014 when a new structure was built behind. The property is in close proximity to numerous Heritage Register properties along Yonge Street and the area which have been recognized for their cultural heritage value with listing or designated under Part IV, Section 29 of the Ontario Heritage Act.  

Staff have completed the Research and Evaluation Report for the property at 401 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act.

The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act.

In July 2022, the City received a Zoning By-law Amendment application related to proposed redevelopment of the subject property with a 76-storey tower along Yonge Street. The proposed development will retain the façade of the historic 1873 building.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. A revised HIA, dated June 15, 2022, completed by GBCA Architects Inc. was submitted to support the application.

The City Clerk issued a complete application notice on September 12, 2022.  The property owner provided a waiver to extend the Prescribed Event 90-day timeline until April 14, 2023. Council must make its decision at its March 29-31 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to this Prescribed Event since it occurred prior to January 1, 2023. The property has been on the City's Heritage Register since 1974. 

The Province has amended O. Reg. 9/06 under the Ontario Heritage Act, which is intended to come into effect on January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 51 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 51 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (February 13, 2023) from the Chief Planner and Executive Director, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 51 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 51 Yonge Street comprises a four-storey commercial building located on the east side of Yonge Street, north of Wellington Street East. The building is believed to date to c.1878-1879, although the underlying structure may date to 1847. Designed in the Second Empire style, the building has historical and architectural links to the Bank of British North America building at 49 Yonge Street. Through the years, the property housed a series of commercial tenants, notably including the Commercial Travellers' Association of Canada from 1891 to 1956.  

City Council included the subject property on the City of Toronto's Heritage Register in 1981. The property is adjacent to 49 Yonge Street, which was designated under Part IV of the Ontario Heritage Act in 1979.

Staff have completed the Research and Evaluation Report for the property at 51 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

In September 2022, the City received a Site Plan Approval application related to proposed redevelopment of the subject property. The proposal would include a 60-storey mixed-use building having a non-residential gross floor area of 1757 square metres and a residential gross floor area of 19970 square metres, comprising 256 dwelling units. This development would involve the addition of a high-rise structure above the existing buildings at 49 and 51 Yonge Street, the removal of a portion of the stone wall along Wellington Street East, and alterations to the buildings' interiors. 

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. GBCA Architects prepared an Heritage Impact Assessment that was submitted in November 2021 and resubmitted in August 2022.  

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on March 4, 2022. The property owner provided a waiver to extend indefinitely the 90-day timeline established under

Bill 108.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act came into effect on January 1, 2023. 

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.9 and made recommendations to City Council.

Summary from the report (February 13, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the property at 51 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 51 Yonge Street comprises a four-storey commercial building located on the east side of Yonge Street, north of Wellington Street East. The building is believed to date to c.1878-1879, although the underlying structure may date to 1847. Designed in the Second Empire style, the building has historical and architectural links to the Bank of British North America building at 49 Yonge Street. Through the years, the property housed a series of commercial tenants, notably including the Commercial Travellers' Association of Canada from 1891 to 1956.  

City Council included the subject property on the City of Toronto's Heritage Register in 1981. The property is adjacent to 49 Yonge Street, which was designated under Part IV of the Ontario Heritage Act in 1979.

Staff have completed the Research and Evaluation Report for the property at 51 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

In September 2022, the City received a Site Plan Approval application related to proposed redevelopment of the subject property. The proposal would include a 60-storey mixed-use building having a non-residential gross floor area of 1757 square metres and a residential gross floor area of 19970 square metres, comprising 256 dwelling units. This development would involve the addition of a high-rise structure above the existing buildings at 49 and 51 Yonge Street, the removal of a portion of the stone wall along Wellington Street East, and alterations to the buildings' interiors.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. GBCA Architects prepared an HIA that was submitted in November 2021 and resubmitted in August 2022.  

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on March 4, 2022. The property owner provided a waiver to extend indefinitely the 90-day timeline established under

Bill 108.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act came into effect on January 1, 2023. 

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 835 and 839 Yonge Street (including entrance address at 837 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 835 and 839 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (February 13, 2023) from the Chief Planner and Executive Director, City Planning:

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the listed property at 835 and 839 Yonge Street (including the entrance address of 837 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 835 and 839 Yonge Street is located at the northeast corner of the intersection of Yonge/Church Streets and Davenport Road, across from the Masonic Temple and adjacent to the South Rosedale Heritage Conservation District, in the Rosedale neighbourhood. The property, commonly known as the Canadian Tire Store, comprises, amongst other structures, portions of the Grand Central Market, a two-storey commercial market building designed in the Spanish Colonial Revival style in 1929 by Henry Wilkinson, the in-house architect for Associated Development Corporation Ltd, the financial and real-estate firm that developed the property.

The design of the new market was conceived as a "stop and shop" modern market that would service the local community and offered an alternative to the more established St. Lawrence Market, where one would purchase directly from the producer. The concept for the Grand Central Market palatial building for over 100 of Toronto’s better retail merchants was short lived. In 1936, the property was acquired by Canadian Tire Corporation to serve as the company's headquarters and flagship store along Toronto's famous Yonge Street. The Canadian Tire retail store has continuously operated for nearly 90 years at this location and this association with a national legacy business, established in Toronto in 1922, further contributes to the cultural heritage value of the property and the historic commercial character of Yonge Street at Davenport Road in the Bloor/Yorkville area.   

The property at 835 and 839 Yonge Street (previously 837 Yonge Street) has been recognized on the City of Toronto's Heritage Register since February 24, 1986 when Canadian Tire redeveloped the property by incorporating 6 of the symmetrical 7-bay designed principal elevation and portions of the south elevation of the Grand Central Market building into its new flagship store along Yonge Street. This 1980s project was an early example of façade retention in the City of Toronto.  

Staff have completed the Research and Evaluation Report for the property at 835 and 839 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

The City Clerk issued a complete application notice on December 9, 2022. The City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed redevelopment of the subject property. The proposal is for a mixed-used residential and commercial development that would add two towers (45 and 49 storeys) to the property and incorporate into the podium of the proposed development the retained, in-situ, and restored 1935 west and south elevations, as well as reinstate the primary pedestrian entrance on the west elevation.

A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated August 15, 2022 was submitted to support the application. An Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on December 9, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 through April 14, 2023. Council must make a decision at its March 29-31 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The property meets four criteria relating to design/physical, historical/associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.2 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the listed property at 835 and 839 Yonge Street (including the entrance address of 837 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 835 and 839 Yonge Street is located at the northeast corner of the intersection of Yonge/Church Streets and Davenport Road, across from the Masonic Temple and adjacent to the South Rosedale Heritage Conservation District, in the Rosedale neighbourhood. The property, commonly known as the Canadian Tire Store, comprises, amongst other structures, portions of the Grand Central Market, a two-storey commercial market building designed in the Spanish Colonial Revival style in 1929 by Henry Wilkinson, the in-house architect for Associated Development Corporation Ltd, the financial and real-estate firm that developed the property.

The design of the new market was conceived as a "stop and shop" modern market that would service the local community and offered an alternative to the more established St. Lawrence Market, where one would purchase directly from the producer. The concept for the Grand Central Market palatial building for over 100 of Toronto’s better retail merchants was short lived. In 1936, the property was acquired by Canadian Tire Corporation to serve as the company's headquarters and flagship store along Toronto's famous Yonge Street. The Canadian Tire retail store has continuously operated for nearly 90 years at this location and this association with a national legacy business, established in Toronto in 1922, further contributes to the cultural heritage value of the property and the historic commercial character of Yonge Street at Davenport Road in the Bloor/Yorkville area.   

The property at 835 and 839 Yonge Street (previously 837 Yonge Street) has been recognized on the City of Toronto's Heritage Register since February 24, 1986 when Canadian Tire redeveloped the property by incorporating 6 of the symmetrical 7-bay designed principal elevation and portions of the south elevation of the Grand Central Market building into its new flagship store along Yonge Street. This 1980s project was an early example of façade retention in the City of Toronto.  

Staff have completed the Research and Evaluation Report for the property at 835 and 839 Yonge Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource.

The City Clerk issued a complete application notice on December 9, 2022. The City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed redevelopment of the subject property. The proposal is for a mixed-used residential and commercial development that would add two towers (45 and 49 storeys) to the property and incorporate into the podium of the proposed development the retained, in-situ, and restored 1935 west and south elevations, as well as reinstate the primary pedestrian entrance on the west elevation.

A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated August 15, 2022 was submitted to support the application. An HIA is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on December 9, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 through April 14, 2023. Council must make a decision at its March 29-31 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The property meets four criteria relating to design/physical, historical/associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Etobicoke York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 20 Brow Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 6, 2023) from the Director, Transportation Planning and the Director, Community Planning, Etobicoke York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

The Etobicoke York Community Council held a statutory public meeting on February 27, 2023, and notice was given in accordance with the Planning Act.

This City-initiated Zoning By-law Amendment proposes to allow a transit station use at 20 Brow Drive by applying a Commercial-Residential (CR) zoning category to the site. Long Branch GO Transit station currently occupies the site even though the existing zoning does not permit a transit station use. The proposed rezoning will support Metrolinx's proposed improvements to the site that consist of two new station entrance buildings to replace the existing entrance building, a reconfigured surface parking lot and pick-up / drop-off area, new bicycle parking facilities and new landscaping.

This report provides land use information and comments regarding the proposed rezoning and provides design details and comments for the redevelopment of Long Branch GO station, which is being reviewed through an associated Site Plan Control application and the City's transit design review process.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the proposed amendment to the Zoning By-law. The rezoning will support Metrolinx's GO Expansion program that will provide all-day, two-way service with 15-minute headways, faster electric trains, fully accessible stations and improved customers facilities across the GO Transit network. The rezoning will modernize the zoning standards by applying the city-wide Zoning By-law 569-2013 since the site is currently only subject to the former City of Etobicoke (Long Branch) zoning by-law. The proposed Commercial-Residential zone will bring the zoning into conformity with the Official Plan Urban Structure, Land Use Plan, and Site and Area Specific Policy 646 that is a Council-approved policy awaiting approval by the Ministry of Municipal Affairs and Housing, which indicates the site is within a Protected Major Transit Station Area for Long Branch GO station.

The Etobicoke York Community Council recommends that:

1. City Council amend city-wide Zoning By-law 569-2013 for the lands at 5251 Dundas Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 6, 2023) from the Director, Community Planning, Etobicoke York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

The Etobicoke York Community Council held a statutory public meeting on February 27, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a 50-storey (153 metres) mixed-use development consisting of 544 dwelling units and 200 square metres of retail space on the ground floor at 5251 Dundas Street West. The total proposed gross floor area is 35,247 square metres. A Privately-Owned Publicly Accessible Space ("POPS") is proposed in the northeast corner of the site to enhance the pedestrian access to and from the Kipling Mobility Hub (also known as the Kipling Transit Hub) located south of the site.

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposal conforms with the Official Plan and Etobicoke Centre Secondary Plan and is generally consistent with the City's guidelines. The proposed mixed-use building represents appropriate intensification within the Etobicoke Centre given the site is situated south of Dundas Street West and immediately abutting the Kipling Mobility Hub.

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 206-2022 to remove the Holding Symbol (H) from the lands at 5415-5481, 5485 and 5487 Dundas Street West and 15 and 25 Shorncliffe Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (February 6, 2023) from the Director, Community Planning, Etobicoke York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to lift the holding symbol for the site at 5415-5481, 5485 and 5487 Dundas Street West and 15 and 25 Shorncliffe Road in the former City of Etobicoke Zoning Code, as amended by By-law 206-2022. The current site-specific by-law permits a comprehensive multi-phased mixed-use development including four buildings and eight towers subject to a holding provision related to specified off-site servicing upgrades. The proposed development includes mixed-use and residential towers that range from 26 to 44-storeys in height and comprises a total of 2,875 residential units, over 15,000 square metres of non-residential gross floor area, and a 4,144 square metre public park.

The holding provision in site-specific By-law 206-2022 requires, prior to lifting the holding symbol, that a Functional Servicing Report has been submitted and accepted, a financially secured agreement has been entered into with the City for the construction of required improvements to the sanitary sewer system on Shorncliffe Road between North Queen Street to Dundas Street West, and the applicant has obtained all necessary approvals to proceed with the infrastructure required, all to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

The Functional Servicing Report has been accepted and the improvements to the sanitary sewer on Shorncliffe Road has been secured to the satisfaction of Engineering and Construction Services. Accordingly, the proposal to lift the holding symbol is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the City's Official Plan. This report reviews and recommends approval of the application to amend site-specific Zoning By-law 206-2022 to lift the holding symbol.

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan Amendment and Zoning By-law Amendment appeals for the lands at 4195, 4219 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. The form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

c. The owner has submitted revised drawings illustrating the conveyance of lands required to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

d. The submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner has submitted requested information and makes required revisions to the satisfaction of the Manager of Technical Review, Toronto Transit Commission;

f. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

g. The owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

h. The owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

i. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation; and

j. The owner has retained a consultant archaeologist, licensed by the Ministry of Citizenship and Multiculturalism, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended), to carry out a Stage 2 archaeological resource assessment of the property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (i.e., Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k. The owner has addressed all outstanding issues regarding the on-site parkland dedication location and configuration raised by Parks Development, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

On March 17, 2016, a Zoning By-law Amendment application was submitted for a residential development at 4195 Dundas Street West to permit an eight-storey mixed-use building containing 166 dwelling units and 7,215 square metres of commercial floor space on the first two levels of the proposed building.

On May 16, 2022, a revised Zoning By-law Amendment application was submitted, which expanded the site to include 4219 and 4221 Dundas Street West and 556, 558, 560, 562 and 564 Prince Edward Drive North. The revised Zoning By-law Amendment application altered the proposal to a mixed-use building containing three 18-storey towers (61.4 metres excluding mechanical penthouse of approximately 4.8 metres) connected by eight-storey base buildings, a 10-storey (34.75 metres excluding mechanical penthouse) mid-rise residential building, and 14 townhouse units within three townhouse blocks. A total of 699 residential units with a gross floor area of 72,619 square metres and 677 parking spaces are proposed.

In addition to the resubmission of the rezoning application, an Official Plan Amendment application was submitted on May 19, 2022, to redesignate part of the site from Neighbourhoods to Mixed Use Areas.

On May 13, 2022, the applicant appealed the Zoning By-law Amendment to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on October 3, 2022 (OLT Case No. OLT-22-003838 and OLT-22-004571). The next Case Management Conference is scheduled for February 21, 2023.

On September 26, 2022, the applicant appealed the Official Plan Amendment to the OLT citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act.

This report recommends that the City Solicitor, together with appropriate City staff, attend the OLT hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.

This report recommends that the City Solicitor, together with appropriate City staff, attend the Ontario Land Tribunal hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.

The Etobicoke York Community Council recommends that:

1. City Council prohibit standing at all times on the north side of Fenmar Drive, between Signet Drive and a point 165 metres east.

As the Toronto Transit Commission (TTC) operates a transit service on Fenmar Drive, City Council approval of this report is required.

Transportation Services is recommending that standing be prohibited at all times on the north side of Fenmar Drive between Signet Drive and a point 165 metres east. The proposed amendment will deter parking at this location and will improve vehicle movements for loading and transit operations.

The Etobicoke York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Islington Avenue and Prince George Drive/Ridgevalley Crescent.

As the Toronto Transit Commission (TTC) operates a transit service on Islington Avenue, City Council approval of this report is required.

Transportation Services has reviewed the need for pedestrian crossing protection at the intersection of Islington Avenue and Prince George Road/Ridgevalley Crescent. Based on the assessment undertaken, Transportation Services is recommending the installation of traffic control signals at the intersection of Islington Avenue and Prince George Road/Ridgevalley Crescent. The traffic control signals will provide enhanced safety for vulnerable road users.

The Etobicoke York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Evans Avenue and Ourland Avenue.

As the Toronto Transit Commission (TTC) operates a transit service on Evans Avenue, City Council approval of this report is required.

Transportation Services is requesting approval to install traffic control signals at the intersection of Evans Avenue and Ourland Avenue. The traffic control signals will provide enhanced safety for all road users and is justified based on the assessment undertaken.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 699 - 711 Lawrence Avenue West and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

i. provisions for a holding by-law pursuant to Section 36 of the Planning Act regarding the provision of an acceptable sanitary system solution constructed and operational as determined by the Chief Engineer & Executive Director, Engineering and Construction Services which may include the applicant obtaining MECP Environmental Compliance Approval and upgrading the existing municipal infrastructure off site;

b. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated April 21, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

d. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

e. Submit to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

f. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

g. Provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

h. the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development. In requiring any off site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way.

i. the owner has submitted architectural plans reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the applicant submit a Rental Housing Demolition and Conversion Declaration of Use and Screening Form and if there are any affected rental housing units and / or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;

k. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable; and

l. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On February 2, 2022, a Zoning By-law Amendment application was submitted to permit a 40-storey (131.6 metres) residential building containing 360 dwelling units and 162.8 square metres of retail space at the ground level.

On July 7, 2022, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the 90-day time frame in the Planning Act.  The first case management conference is scheduled for February 9, 2023.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 1141 Roselawn Avenue and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has submitted to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

c. the Owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

d. the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10;

e. the Owner has submitted to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, prior to approval of the Official Plan Amendment and rezoning applications, a gas investigation report and a certified letter that is signed and stamped by a qualified person, for the possible presence of methane gas on the property; and,

f. the Owner has submitted a revised Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required.

3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On December 23, 2021, an Official Plan and Zoning By-law Amendment application was submitted and subsequently deemed complete on December 31, 2021. The application seeks to permit an 11-storey residential building with 9,689 square metres of residential Gross Floor Area, 133 units, 94 vehicle parking spaces, and 163 bicycle parking spaces.

On July 7, 2022, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 120-day time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Application regarding the Zoning By-law Amendment appeal for the lands at 2 - 20 Glazebrook Avenue.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 7, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer;

c. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;

d. the owner has submitted a Methane Gas Investigation Report acceptable to, and to the satisfaction of the Chief Engineer, and that such matters arising from such study be secured if required;

e. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated September 13, 2022, including the submission of a Public Utilities Plan and Soil Volumes Plan, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of Urban Forestry; and

f. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study or that mitigation is required per the Subsurface Investigation, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;

4. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in this report.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On July 14, 2022, an application to amend the Zoning By-law was submitted to permit a 34-storey (109.9 metres to top of roof) mixed-use building with 434 dwellings units and a total gross floor area of 29,600 square metres at 2-20 Glazebrook Avenue.

On December 8, 2022, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed  in the Planning Act.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Applications regarding the Zoning By-law Amendment and Site Plan Control appeal for the lands at 1466 and 1500 Bayview Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor has advises the Tribunal that:

a. the final form and content of the draft Zoning By-law amendment and Site Plan approval are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has submitted the final form of the architectural plans, landscape plans, completed Toronto Green Standards documents, Travel Demand Management Plan, servicing plans, reports, and studies, reflecting the proposal as approved in whole or in part, forming the Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c. submit to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, or where appropriate include a Holding Provision in the implementing zoning by-law;

d. the owner agrees in the Site Plan Agreement that prior to any building permit for any building or structure, the following municipal services shall be provided to the lot line and the following provisions shall be complied with:

i. all new public roads necessary to serve the building or structure have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and,

ii. all water main and sanitary sewers and appropriate appurtenances have been installed and are operational.

e. the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development. In requiring any off-site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way; and

f. the owner agrees in the Site Plan Agreement to provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

On October 28, 2020, a complete application to amend the Zoning By-law (20 210394 NNY 15 OZ) and a complete application for site plan approval (20 210395 NNY 15 SA), were submitted to permit a 9- storey (26.35 metres excluding mechanical penthouse) mixed-use building containing 156 residential dwelling units and 1,659.5 square metres of retail uses at grade. A portion of the subject site to the rear was proposed as a driveway with a surface easement for public access and use, in lieu of a laneway.

On December 23, 2021, the applicant made a resubmission to support a revised proposal of an 8-storey mixed-use building containing 153 residential dwelling units and 1,545.6 square metres of retail uses at grade. A portion of the rear of the site is proposed to be conveyed to the City for use as a public laneway.

Concurrently, the City of Toronto has been embarking on a program to implement the Yonge-Eglinton Secondary Plan through revisions to the zoning by-law. A Status Report, which included objectives and a zoning framework, was endorsed by Planning and Housing Committee on November 25, 2021. The City-initiated zoning is advancing in phases. As part of the first phase, City Council adopted a Final Report on June 15, 2022, which included a zoning by-law amendment for portions of the Secondary Plan area, mainly consisting of the 'Villages', including the site at 1466-1500 Bayview Avenue. The zoning by-law amendment, enacted as By-law number 595-2022,  implements the Secondary Plan in the areas to which it applies, and sets regulations such as land use permissions, minimum and height limits, setbacks, and stepbacks. Transition clauses in the by-law were included with the intent of recognizing existing development applications in progress.  On July 13, 2022, the applicant appealed the City Council's decision on the Zoning By-law number 595-2022, pursuant to Section 34(19) of the Planning Act.

On August 5, 2022, the applicant appealed the site-specific Zoning By-law amendment and Site Plan Control applications to the Ontario Land Tribunal due to Council's failure to make a decision within the time frames pursuant to Section 34(11) of the Planning Act and Section 114(15) of the City of Toronto Act. A first Case Management Conference took place on December 6, 2022, and a second one has been scheduled for February 23, 2023.

A case management conference for appeals to Zoning By-law no. 595-2022 was held on January 24, 2023 and resulted in the two aforementioned appeals being consolidated into one hearing.

Staff recommends that City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the applications in their current form, and to continue discussions with the Applicant to resolve outstanding issues.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan and Zoning By-law Amendment and the Draft Plan of Subdivision appeals for the lands at 943 - 963 Eglinton Avenue East and 23 Brentcliffe Road and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated February 23, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer;

c. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;

d. the owner has addressed all outstanding issues raised in the Urban Forestry Memorandum dated January 5, 2022, or as may be updated, in response to further submissions filed by the Owner, as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the City has advised that updated sun / shadow and wind tunnel studies have been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has provided a revised draft Plan of Subdivision to the satisfaction of the Chief Planner and the Executive Director, City Planning; and,

g. the Conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate Divisions.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and / or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

5. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address outstanding issues, including but not limited to those outlined in this report.

On November 8, 2021, an Official Plan, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to permit 4 new mixed-use residential buildings (containing 1,279 units) ranging in height from 16 to 28 storeys (57.5 metres to 93 metres) with a total gross floor area of 103,743 square metres.

On September 27, 2022, the applicant appealed the Official Plan, Zoning By-law Amendment and the Draft Plan of Subdivision Applications to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Ontario Land Tribunal in opposition to the application to amend the Official Plan and zoning by-laws (File No. 22 108032 NNY 18 OZ) for the lands at 6167 Yonge Street, 10 Newton Drive, 9 Madawaska Avenue and the City-owned public lane.

2. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law amendments as set out in their memo dated April 6, 2022, or as may be updated, in response to further submissions filed by the Owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. in the event the updated Functional Servicing Report, Stormwater Management Report, and / or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrade or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. the Owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services and that such matters arising from such study be secured if required.

3. In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park improvements to the satisfaction of the General Manager, Parks, Forestry & Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry & Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

4. City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the applicant in an attempt to resolve the issues outlined in this report.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On February 11, 2022, an application to amend the Official Plan, the former City of North York Zoning By-law No. 7625, and City-wide Zoning By-law 569-2013 was submitted to permit two 14-storey (47.8 to 48.36 metres, not including mechanical penthouse) mixed use buildings at 6167 Yonge Street, 10 Newton Drive, 9 Madawaska Avenue and the City-owned public lane. The applicant also submitted an application for Site Plan Approval on February 11, 2022.

The proposal would provide 549 residential units and 998 square metres of at-grade retail. The overall proposed gross floor area is 38,810 square metres, which would result in a density of 5.98 times the lot area. Driveways would be provided on the east side of the proposed buildings extending north-south through the lands, with vehicular access provided from Newton Drive and Madawaska Avenue. A total of 273 parking spaces are proposed within two levels of underground parking, along with a total of 550 bicycle spaces.

On November 29, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal, citing Council's failure to make a decision within the prescribed time frames in the Planning Act. A Case Management Conference has been scheduled for March 22, 2023. The application for Site Plan Approval has not been appealed.

As detailed in this report, the proposal does not conform to the City of Toronto Official Plan. It is also inconsistent with City Council's vision for the area as outlined in the Council-adopted, but under appeal, Yonge Street North Secondary Plan.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve the outstanding issues raised in this report.

North York Community Council:

1. City Council authorize the installation of new traffic control signals at the intersection of Wilson Avenue and Champlain Boulevard / Private Access.

2. City Council direct that the installation of traffic control signals at the intersection of Wilson Avenue and Champlain Boulevard be co-ordinated with the development site located at 470 - 530 Wilson Avenue and adjacent planned roadway and infrastructure improvements, to the satisfaction of the General Manager of Transportation Services.

There is construction underway of a new development on the north side of Wilson Avenue east of Wilson Heights Boulevard.  The addresses are 470-530 Wilson Avenue.  There were 110 rental units.  The new development will consist of 161 rental units, 394 condo units and 387 parking spaces. There will also be office and retail space at grade along Wilson Avenue.

Transportation Services is requesting the approval of a traffic control signal at the intersection of Wilson Avenue and Champlain Boulevard to accommodate the future increased pedestrian and vehicular traffic coming from the site. Furthermore, there will be no financial impact as the developer has agreed to pay for and install the traffic control signal and all related infrastructure at no cost to the City of Toronto.

North York Community Council recommends that:

1. City Council instruct the City Solicitor and appropriate City Staff to attend at the hearing at the Toronto Local Appeal Body to oppose Application Number A0489/22NY respecting 37 Rochester Avenue.
 

2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application Number A0489/22NY respecting 37 Rochester Avenue and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor and with the Director of Community Planning, North York District.

On December 7, 2022, the North York Panel of the Committee of Adjustment (the "Committee") denied an application brought by the owner of 37 Rochester Avenue for ten minor variances, including building length, building depth and FSI to permit the construction of a new detached dwelling  on the subject property (the "Application"). A copy of the Committee's decision is attached.

In a report from the Director, Community Planning, North York District dated November 30, 2022, Community Planning Staff recommended that two variances be refused: Variance No. 5 regarding the building length under Zoning By-law Number 569-2013 and Variance Number 6 regarding the building depth under Zoning By-law Number 569-2013. City Planning Staff also recommended that should the Committee choose to approve this application, that the following variance should be modified: Modify Variance Number 8 regarding the floor space index under Zoning By-law Number 569-2013 from 0.6257 to 0.58 times the lost area or less. A copy of the City Planning Staff report is attached.

This Motion will instruct the City Solicitor and appropriate staff to attend at the hearing at the Toronto Local Appeal Body to oppose the application. This Motion will give the City Solicitor the authority to negotiate a settlement of the appeal on behalf of the City at her discretion after consultation with the Ward Councillor and with the Director of Community Planning, North York District.

This matter is time sensitive and urgent as the applicant has appealed the Committee of Adjustment decision to the Toronto Local Appeal Body, and the City Solicitor requires instructions to meet procedural deadlines and attend the hearing.

North York Community Council recommend that:

1. City Council strongly express its objection to the plan to change the Ward and Riding boundaries which could eventually reduce Toronto City Council by one seat.

Toronto is one of the fastest growing cities in North America and yet the recent iteration of the Federal Electoral Districts Redistribution removes one of our wards (Don Valley East), which will result in less representation for our constituents. As a Councillor for residents in North York, Ward 18, Willowdale, I strongly object to this plan that could eventually reduce Toronto City Council by one seat.

Scarborough Community Council recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, to remove the holding (H) symbol for the lands at 4097 Lawrence Avenue East and 197 to 201 Galloway Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment Number 4 to the report (February 7, 2023) from the Acting Director, Community Planning, Scarborough District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to lift the holding Symbol (H) for the lands municipally known as 4097 Lawrence Avenue East and 197 to 201 Galloway Road. This amendment would allow for the development of the subject lands with a 12-storey (37.8 metre) residential building comprised of 228 dwelling units, of which 15 units are configured as townhouse units at the base of the building. The proposal includes 230 vehicular parking spaces within a 3 level underground garage and a total of 175 bicycle parking spaces on the ground level and in the parking garage.

A holding provision was added to the lands through the enactment of site specific Zoning By-law 251-2022 to ensure outstanding sanitary servicing issues were resolved prior to development of the site. The Chief Engineer and Executive Director, Engineering and Construction Services has now been satisfied that the appropriate flow monitoring and downstream sanitary analysis  was completed. This analysis demonstrated that the sufficient capacity exists in the City's municipal infrastructure to accommodate the sanitary flows generated by the proposed development.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to lift the holding ("H")  provision for the lands at 4097 Lawrence Avenue and 197 to 201 Galloway Road.

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road.

2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated February 7, 2023 from the Acting Director, Community Planning, Scarborough District, and report back to City Council on the outcome of discussions, if necessary.

3. City Council defer making a decision at this time on the Rental Housing Demolition / Conversion Application (Application File No. 21 123167 ESC 20 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the sixty-eight (68) existing rental dwelling units at 54, 58 and 62 Glen Everest Road, and instruct staff, if necessary, to report on the Rental Housing Demolition / Conversion Application to City Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment application appeal for the lands at 54 to 62 Glen Everest Road.

4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request the Tribunal that the issuance of any Final Order be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or it has been determined that a holding provision is required in the Zoning By-law amendment;  

d. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer & Executive Director, Engineering and Construction Services; and

e. the owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On April 6, 2021, a Zoning By-law Amendment application was submitted to permit the redevelopment of the subject lands with a 12-storey residential building with 427 units including 68 replacement rental units. The three existing low-rise residential rental buildings on the site a proposed to be demolished. A revised proposal was submitted on June 28, 2022 increasing the gross floor area to 32,901 square metres and reducing the total number of residential units to 414 units. On July 13, 2022, the Applicant appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council not making a decision within the time frame legislated by the Planning Act.

A separate application for rental housing demolition was also submitted to permit the demolition of 68 rental units located at 54, 58 and 62 Glen Everest Road but is not subject to the appeal.

City Planning Staff do not support the application in its current form as issues related to the appropriate level of development on site, along with built form, massing and transition have not been adequately addressed. This report recommends that the City Solicitor, with the appropriate City staff, attend the OLT hearing to oppose the application in its current form. The report also recommends that staff be authorized to continue discussions with the Applicant to resolve outstanding issues.

Scarborough Community Council recommends that:

1. City Council not authorize the installation of traffic control signals at Bellamy Road North and Banmoor Boulevard / Cedar Brae Boulevard.

As the Toronto Transit Commission (TTC) operates a transit service on Bellamy Road North, City Council approval of this report is required.

Transportation Services has reviewed the need for traffic control signals at the intersection of Bellamy Road North and Banmoor Boulevard/Cedar Brae Boulevard.  Based on the assessment undertaken, Transportation Services does not recommend the installation of traffic control signals at this intersection as the warrant criteria was not met.

Scarborough Community Council recommend that:

1. City Council authorize the installation of traffic control signals at Morningside Avenue and Warnsworth Street.

As the Toronto Transit Commission (TTC) operates a transit service on Morningside Avenue, City Council approval of this report is required.

Transportation Services has reviewed the need for traffic control signals at the intersection of Morningside Avenue and Warnsworth Street.  Based on the assessment undertaken, Transportation Services does not recommend the installation of traffic control signals at this intersection as the warrant criteria was not met.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 820 Church Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (February 6, 2023)  from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

The Toronto and East York Community Council held a statutory public meeting on February 23, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 38-storey (124.6 metres, including mechanical penthouse) commercial building containing a hotel.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 1235-1255 Bay Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (February 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 1235-1255 Bay Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a Functional Servicing and Stormwater Management Report and gas investigation report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

The Toronto and East York Community Council held a statutory public meeting on February 23, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 35-storey mixed-use building with 357 dwelling units and 90 square metres of commercial space on the ground floor (1255 Bay Street). The existing 10-storey commercial building at 1235 Bay Street is to be retained.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 1151-2022 (OLT) for the lands at 234-250 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (January 31, 2023) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

The Toronto and East York Community Council held a statutory public meeting on February 23, 2023 and notice was given in accordance with the Planning Act.

This application proposes to remove the holding symbol ("h") from Zoning By-law 1151-2022 (OLT), which permits a mixed-use development including residential and retail uses in a 43-storey building on 234-250 King Street East and 162 Princess Street. The application to remove the holding symbol ("h") was submitted on October 12, 2022.

Zoning By-law 1151-2022 (OLT) includes a holding symbol ("h") on the lands subject to conditions. The conditions for the removal of the holding symbol require the City to be in receipt of updated Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review subject to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water. Additional conditions include the requirement to enter into and register a Section 37 Agreement, as well as enter into and register a Heritage Easement Agreement. All of the above conditions have been satisfied, and the removal of the holding symbol ("h") is appropriate at this time to allow for the progression of the project.

The proposed development and request to lift the holding symbol are consistent with the

Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for

the Greater Golder Horseshoe (2020).

This report reviews and recommends approval of the application to amend Zoning By--law 1151-2022(OLT) to remove the holding symbol ("h").

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 975 Danforth Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On April 29, 2022, a Zoning By-law Amendment application was submitted seeking to permit a 10-storey mixed-use building with commercial uses on the ground floor and 57 dwelling units above.

On November 18, 2022, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") as a result of City Council not making a decision on the application within the timeframe legislated by the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the applications in their current form and continue discussions with the applicant to resolve outstanding issues.

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 17, 23 and 25 Lascelles Boulevard, as generally illustrated on Attachment 2 to the report (February 6, 2023) from the Acting Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2. Prior to the introduction of the Part Lot Control Exemption Bill for enactment, City Council require the owner to: 

a. provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor; and 

b. register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the subject lands described in Schedule A in Attachment 3 to the report (February 6, 2023) from the Acting Director, Community Planning, Toronto and East York District, without the written consent of the Chief Planner and Executive Director, City Planning. 

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from all or any portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning at such a time as confirmation is received that the Common Elements Condominium has been registered to the satisfaction of the Chief Planner and Executive Director, City Planning. 

4. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title to the lands or any portion thereof against which the Section 118 Restriction under the Land Titles Act has been registered. 

5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

6. City Council authorize City staff to take necessary steps, including the execution of agreements and documents which set out the implementation of the Part Lot Control Exemption By-law to give effect to City Council's decision.

This reports reviews and recommends approval of the Part Lot Control Exemption application to permit the creation of one block of 6 townhouse and another block of 4 townhouses, separated by a walkway. The part lot plan also delineate the boundary of 12 below-grade parking spaces, and the associated Common Elements Condominium currently under review.

The Part Lot Control Exemption application implements the site specific Zoning By-law and Site Plan approval for the site. The report also recommends that the owner of the lands be required to register a Section 118 Restriction under the Lands Titles Act against the subject lands to ensure that no part of the lands can be conveyed or mortgaged without prior consent of the Chief Planner and Executive Director, City Planning.

The Toronto and East York Community Council recommends that: 

1. City Council approve the exterior alterations to the heritage property at 29-31 Prince Arthur Avenue, in accordance with Section 42 of the Ontario Heritage Act, with such alterations substantially in accordance with plans and drawings prepared by Angela Tsementzis Architect, dated September 30, 2022 and Heritage Impact Assessment prepared by ERA Architects Inc. dated October 26, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, subject to the following additional conditions:

a. the owner shall:

1. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 29-31 Prince Arthur Avenue dated October 26, 2022 prepared by ERA Architects Inc. to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, provided that original windows and doors may be replaced with new, more energy efficient windows and doors that restore the original appearance of the building; and

2. provide a detailed Landscape Plan for the property at 29-31 Prince Arthur Avenue, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning; and

b. prior to the issuance of any permit for all or any part of the property at 29-31 Prince Arthur Avenue, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the property as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.1 above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

2. provide building permit drawings, including notes and specifications that are keyed to the approved Landscape Plan required in Recommendation 1.a.2 above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning

This report recommends that City Council approve the alterations proposed for the property at 29-31 Prince Arthur Avenue under Part V, Section 42 of the Ontario Heritage Act in connection with the construction of a new four storey rear addition to provide additional office accommodation.

The subject property is located on the south side of Prince Arthur Avenue between Bedford Road and Avenue Road and contains a 3-storey semi-detached house-form building of Bay and Gable design, constructed circa 1889. The subject lands are part of the East Annex Heritage Conservation District (EAHCD).

The development proposal includes the retention of most of the front part of the existing 3-storey building, removal of the existing rear additions and a rear dormer and the construction of a new 4-storey rear addition. The addition would be one storey higher than the ridge of the existing building and it therefore does not comply with the guidelines for additions in the EAHCD Plan which say that additions should be lower than the height of the existing ridge. The EAHCD Plan however also recognises that substantial development in the rear yards is evident on Prince Arthur and that rear additions here should not "over-power the existing buildings and preferably should have low visibility from the street."

Staff are supportive of the proposed redevelopment of the site, given that the addition is only one storey higher that the heritage building and is set back so that it would not over-power the existing building and would have limited visibility from the street. A similar style addition was approved for a property at 17 Prince Arthur Avenue in 2011. 

In December 2022 a minor variance application for this four storey rear addition was approved subject to a condition requiring the drawings being to the satisfaction of the Senior Manager, Heritage Planning.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.5 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the property at 29-31 Prince Arthur Avenue under Part V, Section 42 of the Ontario Heritage Act in connection with the construction of a new four storey rear addition to provide additional office accommodation.

The subject property is located on the south side of Prince Arthur Avenue between Bedford Road and Avenue Road and contains a 3-storey semi-detached house-form building of Bay and Gable design, constructed circa 1889. The subject lands are part of the East Annex Heritage Conservation District (EAHCD).

The development proposal includes the retention of most of the front part of the existing 3-storey building, removal of the existing rear additions and a rear dormer and the construction of a new 4-storey rear addition. The addition would be one storey higher than the ridge of the existing building and it therefore does not comply with the guidelines for additions in the EAHCD Plan which say that additions should be lower than the height of the existing ridge. The EAHCD Plan however also recognises that substantial development in the rear yards is evident on Prince Arthur and that rear additions here should not "over-power the existing buildings and preferably should have low visibility from the street."

Staff are supportive of the proposed redevelopment of the site, given that the addition is only one storey higher that the heritage building and is set back so that it would not over-power the existing building and would have limited visibility from the street. A similar style addition was approved for a property at 17 Prince Arthur Avenue in 2011. 

In December 2022 a minor variance application for this four storey rear addition was approved subject to a condition requiring the drawings being to the satisfaction of the Senior Manager, Heritage Planning.

The Toronto and East York Community Council recommends that:

1. City Council approve the demolition of the heritage building at 86 Highland Avenue, an "Unrated" structure in the North Rosedale Heritage Conservation District, in accordance with Section 42 (1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42 (1) 2 of the Ontario Heritage Act subject to the following:

a. City Council approve the replacement structure for 86 Highland Avenue as shown in the plans and Heritage Impact Assessment submitted by the applicant and prepared by ERA Architects on December 14, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans; and

b. prior to the issuance of any heritage permit for the property at 86 Highland Avenue including a demolition permit, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning:

1. photo documentation of the existing structure at 86 Highland Avenue; and

2. final building permit drawings for the replacement structure and a landscape plan consistent with the plans and Heritage Impact Assessment submitted by the applicant and prepared by ERA Architects on December 14, 2022 and the North Rosedale Heritage Conservation District Plan.

This report recommends that City Council approve the demolition of an "Unrated" building within the North Rosedale Heritage Conservation District (NRHCD), and approve the design of a replacement house located at 86 Highland Avenue in accordance with Section 42(1) 2 and 42 (1) 4 of the Ontario Heritage Act.

This property is designated under Part V of the Ontario Heritage Act. The NRHCD Plan allows for the demolition of an "Unrated" building provided that the replacement building design complies with the NRHCD Plan guidelines for new buildings and the applicable zoning by-laws. The proposed new two-storey detached house meets the general intent of the NRHCD Plan's guidelines and would not detract from nearby rated heritage buildings in the immediate context.

The subject application also requires approval under the Planning Act (Minor Variance). The recommendations contained within this report relate solely to approvals required under the provisions of the Ontario Heritage Act.

At its meeting on February 16, 2023, the Toronto Preservation Board considered Item PB3.6 and made recommendations to City Council.

Summary from the report (January 25, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the demolition of an "Unrated" building within the North Rosedale Heritage Conservation District (NRHCD), and approve the design of a replacement house located at 86 Highland Avenue in accordance with Section 42(1) 2 and 42 (1) 4 of the Ontario Heritage Act.

This property is designated under Part V of the Ontario Heritage Act. The NRHCD Plan allows for the demolition of an "Unrated" building provided that the replacement building design complies with the NRHCD Plan guidelines for new buildings and the applicable zoning by-laws. The proposed new two-storey detached house meets the general intent of the NRHCD Plan's guidelines and would not detract from nearby rated heritage buildings in the immediate context.

The subject application also requires approval under the Planning Act (Minor Variance). The recommendations contained within this report relate solely to approvals required under the provisions of the Ontario Heritage Act.

The Toronto and East York Community Council recommends that:

1. City Council approve the application to demolish the existing 1-storey car dealership subject to the following conditions:

a. the owner agrees to a beautification plan that is satisfactory to the Chief Planner and Executive Director, City Planning, or their designate, and includes provision for the site to be backfilled with clean fill and installation of base landscaping;

b. the owner entering into a beautification agreement with the City that secures the beautification plan, in a form satisfactory to the City Solicitor;

c. the owner registering the beautification agreement on title to the property and providing proof of registration to the City Solicitor;

d. that a construction fence be erected in advance of demolition and maintained until the site has been backfilled, in accordance with Chapter 363 of the Municipal Code, if deemed appropriate by the Chief Building Official and Executive Director, Toronto Building;

e. that all debris and rubble be removed immediately after the demolition; and

f. that the site be maintained in accordance with the beautification plan agreed upon and secured by agreement. 

This staff report is about a matter which must be referred to City Council for consideration and decision.

This property is located in the former City of York and in accordance with By-law No 3102-95 of the former City of York. Demolition permit application #22 240410 DEM 00 DM is submitted to Community Council for consideration and decision to grant or grant with conditions, approval of the demolition permit application, including the requirement for the owner to enter into a beautification agreement prior to the issuance of the demolition permit.

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation/removal of on-street accessible parking spaces at the locations identified in Attachment 1 to the report (February 6, 2023) from the Director, Traffic Management, Transportation Services.

As the Toronto Transit Commission (TTC) operates a transit service on the subject streets, City Council approval of this report is required.

Transportation Services is requesting approval for the installation/removal of on-street accessible parking spaces for persons with disabilities.

The Toronto and East York Community Council recommends that:  

1. City Council authorize for purposes of construction at 1 Bloor Street West the temporary closure to vehicular traffic of a 5 metre-wide portion of the northbound curb lane and to pedestrian traffic on the east sidewalk on Balmuto Street, between a point 29 metres south of Bloor Street West and a point 12 metres further south, from April 1, 2023 to April 1, 2024, inclusive.

2. City Council authorize for purposes of concrete pouring on at 1 Bloor Street West, the intermittent temporary closure to vehicular traffic of Balmuto Street, from the first public lane south of Bloor Street West to Bloor Street West, from April 1, 2023 to April 1, 2024, inclusive.

3. City Council authorize for purposes of construction at 1 Bloor Street West the temporary closure to pedestrian traffic of the west sidewalk and to vehicular traffic of a three-metre-wide portion of the southbound curb lane, both on Yonge Street, between Bloor Street West and a point 66 metres south, from April 1, 2023 to June 30, 2025, inclusive.

4. City Council direct the applicant to continue posting a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

5. City Council direct the applicant to continue providing and installing public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

6. City Council direct the applicant to continue sweeping the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe.

7. City Council direct the applicant to continue pressure washing the construction site and adjacent sidewalks and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.

8. City Council direct the applicant to continue ensuring that the existing sidewalks or the proposed pedestrian walkway have proper lighting to ensure safety and visibility at all times of the day and night.

9. City Council direct the applicant to continue consulting and communicating all construction, parking and road occupancy impacts with local Business Improvement Areas and resident associations in advance of any physical road modifications.

10. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Traffic Coordinator and the Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

11. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Traffic Coordinator and the Toronto Police Construction Liaison Officer during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

12. City Council direct the applicant to continue installing appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

13. City Council direct that Balmuto Street, Bloor Street West and Yonge Street be returned to their pre-construction traffic regulations and lane configurations when the project is completed.

14. City Council authorize the General Manager, Transportation Services to issue a Temporary Street Occupation permit to Mizrahi Development Group (The One) Inc. for the period of April 1, 2023 to April 1, 2024, inclusive, for a portion of Balmuto Street, from a point 29 metres south of Bloor Street West and a point 12 metres further south, without Mizrahi Development Group (The One) Inc. having to comply with certain requirements of the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, as more generally described in the report (February 6, 2023) from the Director, Traffic Management, Transportation Services and, where the approval conflicts with Chapter 743, Streets and Sidewalks, Use of, the approval of the General Manager, Transportation Services shall prevail to the extent of the conflict.

15. City Council authorize the General Manager, Transportation Services to issue a Temporary Street Occupation permit to Mizrahi Development Group (The One) Inc. for the period of April 1, 2023 to June 30, 2025, inclusive, for a portion of Yonge Street, between Bloor Street West and a point 66 metres south.

16. City Council direct the applicant to continue ensuring adequate winter maintenance of all the areas that are not accessible by the City of Toronto Contracted Services, within the affected area designated on the construction management plan.

17. City Council direct the applicant to continue visually improving the pumping station fence by providing and installing public art, in a manner that does not block sightlines for vehicles exiting the laneway.

18. City Council direct the applicant to continue only placing additional bollards and traffic signage on the street fifteen minutes prior to operating the pump, to removing them within fifteen minutes of discontinuing use of the pump and to not placing them in legal parking areas.

19. City Council direct the applicant to continue ensuring that cement trucks and other construction vehicles and equipment do not queue or park on Balmuto Street, and that they do not block access for service vehicles accessing the properties at 21 and 35 Balmuto Street, except during concrete pouring operations.

20. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an updated indemnity agreement with Mizrahi Development Group (The One) Inc. to address the City's interests with respect to any and all temporary street occupations and closures on Balmuto Street on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.

21. City Council direct that Parts 1 to 19, inclusive, above, be subject to Mizrahi Development Group (The One) Inc. entering into the indemnity agreement in Part 20 above.

As the Toronto Transit Commission (TTC) operates a transit service on Yonge Street, City Council approval of this report is required. Further, since this report contains recommendations that do not comply with City policy or by-laws, City Council approval of this report is required.

Mizrahi Development Group (The One) Inc. (the "developer") is constructing a mixed-use development at 1 Bloor Street West (Mizrahi Project). The site is located on the southwest corner of Yonge Street and Bloor Street West. The development will consist of an eight-storey high retail podium and an 86-storey high residential tower.

A five-metre-wide portion of the northbound curb lane and east sidewalk on Balmuto Street from a point 29 metres south of Bloor Street West to a point 12 metres further south is currently closed to accommodate construction staging operations for the development. The west sidewalk and a three-metre-wide portion of the southbound curb lane on Yonge Street, between Bloor Street West and a point 66 metres south are also closed. The previous closure of the south sidewalk and a 1.2-metre-wide portion of the eastbound curb lane on Bloor Street West, between Yonge Street and a point 49 metres west, is no longer required. Pedestrians have access to the existing sidewalk on the south side of Bloor Street West, abutting the construction site, which is covered and protected. Existing vehicle and bicycle lanes are maintained for both directions on Bloor Street West.

Toronto and East York Community Council, at its meeting on November 25 and 26, 2020, approved the construction staging area on Balmuto Street from November 30, 2020 to November 30, 2022. In a separate meeting on March 10, 2021, Toronto and East York Community Council approved an extension of the construction staging areas on Yonge Street and Bloor Street West from September 1, 2020 to December 31, 2021. In a meeting on December 14 and 15, 2022, City Council approved an extension of the construction staging areas on Yonge Street, Bloor Street West and Balmuto Street, from December 14, 2022 to March 31, 2023. At the time, the developer indicated they would require the staging areas until June 30, 2025.

Transportation Services is requesting authorization to extend the duration of the construction staging areas on Balmuto Street and Yonge Street for an additional 27 months, from April 1, 2023 to June 30, 2025, to allow for the construction of the development to be completed. Transportation Services is also requesting authority for the intermittent closure of Balmuto Street during concrete pouring operations, from the first public lane south of Bloor Street West to Bloor Street West, from April 1, 2023 to June 30, 2025.

For the maintenance of the concrete pump on Balmuto Street, Transportation Services is also requesting the authority for the General Manager of Transportation Services to issue a Temporary Street Occupation permit for Balmuto Street to the developer, notwithstanding that not all the criteria within the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, for so doing would be met.

The Toronto and East York Community Council recommends that:

1. City Council amend Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate a revised map of Permit Parking Area 4B as shown in Attachment 1 to the report (February 6, 2023) from the Director, Permits and Enforcement, Transportation Services, excluding the development currently located at 581 Bloor Street West.

As the Toronto Transit Commission (TTC) operates a transit service on Bloor Street West, City Council approval of this report is required.

The purpose of this report is to respond to Toronto and East York Community Council's direction to review and report back on the realignment of Permit Parking Area 4B to exclude the development located at 581 Bloor Street West.

Staff have determined the realignment of the Permit Parking Area 4B is feasible and has no objections to excluding the development located at 581 Bloor Street West. If Toronto and East York Community Council excludes this address from the subject Permit Parking Area, residents and visitors of this address will be prohibited from participating in the on-street permit parking program.

The Toronto and East York Community Council recommends that:

1.  City Council grant permission to Celebrate Toronto, St. Patrick's Parade event, Canadian Polish Congress, Magellan Community Foundation, Jack.Org, City Cultural Events Production, City of Toronto, Rugby Ontario, Luminato Festival, Nathan Phillips Square Farmers' Market Association, Philcan Mosaic Incorporation, United Way Greater Toronto, Pride Toronto, Toronto Outdoor Art Fair, Moksha Canada Foundation, Festival Management Committee, Taste of the Middle East, Artsxplosion Cultural Society, Casa Cultural Peruana Inc. Young Canadian Alliances, Better Futures for Kids Foundation, A- Supreme Foundation to operate a beer and wine (VQA) garden, and to serve alcohol contingent upon the following conditions:

a. approval of the Alcohol and Gaming Commission of Ontario;

b. approval of the Medical Officer of Health;

c. compliance with the City of Toronto’s Municipal Alcohol Policy; and

d. receipt of all the necessary permits associated with the production of the event i.e. building permits, noise by-law extension permit.

2. City Council grant permission to Celebrate Toronto, St. Patrick's Parade event, Baycrest Foundation, Falun Dafa Association of Toronto, Canadian Polish Congress, Magellan Community Foundation, A - Supreme Foundation, Christian Music Festival, Jack.Org, City of Toronto Newcomer Office, City Cultural Events Production, City of Toronto, Sing! The Toronto International Vocal Arts Festival, Rugby Ontario, Autism Speaks Canada, Luminato Festival, Philcan Mosaic Incorporated, Senior Services and Long-Term Care, City of Toronto, United Way Greater Toronto, Canada One Family Network, Strategic Protocol and External Relations, Toronto City Clerk’s Office, Pride Toronto, Toronto Outdoor Art Fair, Festival Management Committee, Taste of the Middle East, Artsxplosion Cultural Society, Toronto Community & Culture Centre, Casa Cultural Peruana Inc., Young Canadian Alliances, Toronto Hiroshima/Nagasaki Day Coalition, Moksha Canada Foundation, Better Futures For Kids Foundation, Nepalese Canadian Community Services, Philippines Independence Day Council, Metro Marine Modellers, Panorama India to solicit donations in support of their organizations.

3. City Council grant permission to St. Patrick's Parade event, Falun Dafa Association of Toronto, Canadian Polish Congress, Magellan Community Foundation, A - Supreme Foundation, Jack.Org., City of Toronto Newcomer Office, City Cultural Events Production, City of Toronto, Rugby Ontario, Autism Speaks Canada, Luminato Festival, Philcan Mosaic Incorporated, Senior Services and Long Term Care, City of Toronto, United Way Greater Toronto, Canada One Family Network, Pride Toronto, Toronto Outdoor Art Fair, Taste of the Middle East, Artsxplosion Cultural Society, Toronto Community & Culture Centre, Casa Cultural Peruana Inc., Young Canadian Alliances, Moksha Canada Foundation, Better Futures For Kids Foundation, Nepalese Canadian Community Services, Philippines Independence Day Council, Metro Marine Modellers, Panorama India to engage in sports demonstrations. 

4. City Council grant permission to Celebrate Toronto, Baycrest Foundation, A - Supreme Foundation, City of Toronto Newcomer Office, City Cultural Events Production, City of Toronto, Sing! The Toronto International Vocal Arts Festival, Smart Commute Toronto, City of Toronto, Rugby Ontario, Luminato Festival, Nathan Phillips Square Farmers' Market Association, United Way Greater Toronto, Heritage Toronto, Strategic Protocol and External Relations, Toronto City Clerk’s Office, Pride Toronto, Toronto Outdoor Art Fair, Festival Management Committee, Taste of the Middle East, Toronto Community & Culture Centre, Young Canadian Alliances, Moksha Canada Foundation, Better Futures For Kids Foundation, Philippines Independence Day Council, Metro Marine Modellers for sound amplification outside of Nathan Phillips Square amplification schedule policy.

5. City Council grant permission to the Celebrate Toronto, St. Patrick's Parade event, Canadian Polish Congress, Magellan Community Foundation, Christian Music Festival, Jack.Org., City of Toronto Newcomer Office, City Cultural Events Production, City of Toronto, Luminato Festival, Philcan Mosaic Incorporated, United Way Greater Toront0, Strategic Protocol and External Relations, Toronto City Clerk’s Office, Pride Toronto, Toronto Outdoor Art Fair, Festival Management Committee, Taste of the Middle East, Artsxplosion Cultural Society, Toronto Community & Culture Centre, Casa Cultural Peruana Inc., Young Canadian Alliances, Moksha Canada Foundation, Better Futures for Kids Foundation, Panorama India to use open flame as part of their event production.

6. City Council grant permission to City Cultural Events Production, City of Toronto, and Pride Toronto to use special effects pyrotechnics as part of their event production.

7. City Council grant permission to Baycrest Foundation, Falun Dafa Association of Toronto, Canadian Polish Congress, Magellan Community Foundation, City of Toronto Newcomer Office, City Cultural Events Production, City of Toronto, Luminato Festival, Strategic Protocol and External Relations, Toronto City Clerk’s Office, Pride Toronto, Toronto Outdoor Art Fair, Taste of the Middle East, Artsxplosion Cultural Society, Young Canadian Alliances, Toronto Hiroshima/Nagasaki Day Coalition, Better Futures For Kids Foundation, Metro Marine Modellers place objects in the pool.

8. City Council grant permission to City Cultural Events Production, City of Toronto, and Toronto Outdoor Art Fair provides permission to cover City Hall windows and building.

9. City Council require that the various events compensate the City of Toronto, through the Corporate Real Estate Management Division, for all City of Toronto costs associated with an event above the standard staffing compliment.

The purpose of this report is to request exemptions from the Toronto Municipal Code Chapter 636 "Public Squares" and from the former City of Toronto Municipal Code Chapter 237 “Nathan Phillips Square” for events that are proposed to be held on Nathan Phillips Square from March 1, 2023 - August 31, 2023.

The Toronto and East York Community Council recommends that: 

1. City Council rescind the Community Safety Zone designation in effect at all times, on both sides of Greenwood Avenue, between Chatham Avenue and Springdale Boulevard.

2. City Council designate a Community Safety Zone in effect at all times, on both sides of Greenwood Avenue, between Chatham Avenue and O'Connor Drive.

Greenwood Avenue, between Danforth Avenue and O'Connor Drive, is a residential street with a school and park close by. The road is also subject to high traffic volumes due to its proximity to the Don Valley Parkway exit at Don Mills and is used by many vehicles heading south towards Danforth Avenue or Lakeshore Blvd East. The residents who live along Greenwood Avenue are very concerned about the traffic volume and speeding along their residential street.

The implementation of a community safety zone will help to improve traffic safety on Greenwood Avenue. I hope you will support this recommendation.

The Subcommittee on Metrolinx's Ontario Line Construction recommends that: 

1.  City Council request the Executive Director, Transit Expansion reach out to the Provincial Minister of Transportation, the President and Chief Executive Officer of Metrolinx, and the President and Chief Executive Officer of Infrastructure Ontario to:

a. ensure that the City of Toronto receives open communication on traffic management, pedestrian management and safety, and construction management for each station along the Ontario Line, as well as a line-wide strategy for these issues;

b. request information about a line-wide cooperative approach to City of Toronto projects and developments in order to ensure a minimal or more coordinated impact to local residents;

c. request that Metrolinx and Infrastructure Ontario work with the City of Toronto to collaborate and bundle major City of Toronto projects alongside Ontario Line construction;

d. request information on any expected or intended road, lane, or sidewalk closures due to construction of the Ontario Line;

e. request information on any expected or intended impacts to the Toronto Transit Commission’s streetcar, subway, or bus services during the construction of the Ontario Line;

f. request information on the location of a potential second entrance at the proposed Moss Park Station;

g. request that Metrolinx and Infrastructure Ontario jointly develop a plan with the Toronto Transit Commission for how shuttle busses and other transit diversions will operate during construction;

h. request whether proposed Ontario Line station names will be final, or if there will be a public consultation and naming process for each station going forward;

i. request information and commitment from Metrolinx and Infrastructure Ontario for the City of Toronto running and operating dedicated space at the proposed Corktown Station site for the purposes of more community, cultural and civic space;

j. request information about the building of affordable housing on Ontario Line stations, as well as access to community benefits agreements; and

k. request information and clarity from Metrolinx and Infrastructure Ontario regarding financial support and compensation for small businesses that will be impacted by the construction of the Ontario Line.

2. City Council request the Executive Director, Transit Expansion to report back on the status of Recommendation 1 above and any information provided to the May 2, 2023 meeting of the Executive Committee.

3.  City Council request the City Manager to report back on the details and breakdown of the Federal Funding Agreement with the Province for the Ontario Line, including requirements for affordable housing, requirements for community engagement, and current status of the agreement. 

4.  City Council request the Deputy City Manager, Community and Social Services to report on:

a. the feedback received from Toronto Association of Business Improvement Areas and impacted Business Improvement Areas on their experiences with the Ontario Line and what additional measures those stakeholders are requesting; and

b. a breakdown of the programs and supports that Economic Development and Culture, has provided to businesses along the Eglinton Crosstown and plans to provide for businesses along the Ontario Line.

5.   City Council request the City Manager, together with other relevant City Divisions, to report to the next meeting of the Executive Committee on which City divisions are currently involved in discussions with Metrolinx regarding the Ontario Line, and/or are involved in the construction, implementation, approvals, or community support of the Ontario Line. 

6.  City Council request the City Manager to instruct division staff to attend Metrolinx’s Construction Liaison Committee meetings as requested by the local City Councillors to ensure the City’s voice is represented in issues of joint jurisdiction. 

7.  City Council request the Executive Director, Transit Expansion to report back to the next meeting of the Executive Committee on:

a.  the status of the Item 2021.EX28.14 as approved by City Council at its December 15,16 and 17, 2021 meeting, including what actions the City of Toronto has taken to advance these requests as well as on the status of all other items approved by Toronto City Council regarding the Ontario Line; and

b.  the proposed structure and composition of Metrolinx’s Construction Liaison Committees, and outline the best practices in regards to the inclusion, role, and participation of local residents and stakeholders. 

8.  City Council request the General Manager, Transportation Services and the Executive Director, Transit Expansion to work to ensure that detailed traffic management plans are shared with the City in addition to the local Construction Liaison Committees and report on measures that can be taken to secure this, including permit conditions and to report back with an update.

9.  City Council request the General Manager, Transportation Services and the Executive Director, Transit Expansion to report back with standard options for preventing Metrolinx contractors from using City streets and permit parking areas for personal or construction vehicles outside of those areas specified in their permit.

10.  City Council request the General Manager, Transportation Services and the Executive Director, Transit Expansion to continue to pursue options for keeping the 72 Pape Bus running on Pape Avenue both ways during construction and to continue to consult with the local Councillor and community before a final decision is made.

11.  City Council request the Executive Director, Transit Expansion, to report back:

a. on expected decibel and vibration levels for Ontario Line operations outlined in the Environmental Impact Assessment Report;

b. on detail which companies make up the Connect 6ix and Ontario Transit Group consortiums; and

c. with a further breakdown of the finances for the in Rolling Stock, Systems, Operations and Maintenance contract for each of the components for design, build, operate and maintain.

12. City Council request the Deputy City Manager, Infrastructure and Development Services and the Deputy City Manager, Community and Social Services, to provide a status report to the July 11, 2023 meeting of the Executive Committee, as requested in Item 2022.EX34.4, on the planning for University Park, including a focus on the planning of the section of University Avenue between Richmond and Armoury streets and opportunities related to Metrolinx’s work on the Ontario Line and the rehabilitation of the University and Queen intersection.

13.  City Council direct the Executive Director, Transit Expansion to submit to Metrolinx any Council-approved alternative locations for the Osgoode Hall Station based on further study of University Park.

14.  City Council request the General Manager, Parks, Forestry and Recreation to report back on:

a. Metrolinx current tree replacement plans;

b. City requirements for submission of a replanting plan prior to the issuance of a removal permit;

c. what circumstances would trees be removed for Cash in Lieu;

d. the size of trees required to satisfy replanting requirements;

e. the City's replacement plans for trees removed for Cash in Lieu; and

f. expected future forestry impacts of the Ontario Line not currently under review by Urban Forestry.

15.  City Council request the Manager, Community Planning, Toronto East York District to report to the May 24, 2023 meeting of the Toronto-East York Community Council on: 

a.  the status of local benefits agreements for each of Metrolinx's Ontario Line contracts within the Toronto-East York boundary, including but not limited to: the size of the benefit, target benefactor, community partner, types of benefits and specific amounts; and

b.  the affordable housing requirements, on a station-by-station basis within the Toronto-East York boundary, including how they are being managed, who is engaged, and how decisions are being made.

16.  The Toronto and East York Community Council request the Deputy City Manager, Community and Social Services to report to the May 24, 2023 meeting of the Toronto and East York Community Council on:

a.  the impacts of the construction and operation of the Ontario Line on Fontbonne Ministries supportive housing tenants at 791 Queen Street East and what supports Metrolinx is providing for temporary relocation and/or permanent mitigation; and

b. Metrolinx's Tenant Relocation policy and rental replacement policy for units impacted by the Ontario Line, in particular Multi-Tenant Housing on Pape, and any other units lost in expropriations including second story apartments on main streets within the Toronto and East York District.

17.  The Toronto and East York Community Council direct the Executive Director, Transit Expansion to report back to the Toronto and East York Community Council on a semi-annual basis.

The purpose of this report is to provide details on the current status of the Ontario Line project within the boundaries of Toronto and East York Community Council (TEYCC), including timelines, construction mitigation plans, and community engagement milestones.

The Ontario Line is a planned subway line connecting Exhibition Place in the west to the Ontario Science Centre in the east. The line will be approximately 15.6 kilometres in length and will include 15 stations along its route, connecting to other higher-order transit options including the Eglinton Crosstown LRT (at Science Centre Station), Line 1 (at Osgoode Station and Queen Station), Line 2 (at Pape Station) and to the GO network (at Exhibition Station and East Harbour Station), in addition to numerous TTC streetcar and bus routes. Construction of the Ontario Line officially began in December 2021 when Metrolinx broke ground by commencing early works at Exhibition Station. Metrolinx has since awarded the Rolling Stock, Systems, Operations and Maintenance contract in November 2022 and the Ontario Line South Civils contract also in November 2022. Major construction will begin as part of these contracts in 2023. The Ontario Line is planned for completion in 2031.

City staff have worked with Metrolinx to develop detailed construction mitigation plans based on the Traffic and Transit Management Plan submitted by Metrolinx. Full details of these plans were outlined EX28.14 - Ontario Line Downtown Stations - Temporary Road Closures and Community Impacts, adopted by City Council on December 15, 2021. The plans include measures to protect pedestrians and cyclists based on Vision Zero principles, maintaining business and transit access, minimizing noise and vibration, and providing ongoing oversight of construction staging sites and road closures.

City staff are also continuing to review tree permit applications submitted by Metrolinx to ensure that tree retention and protection is prioritized to the greatest extent possible. Replacement tree planting is a condition of permit issuance and sites will be restored with native trees and shrubs when construction is complete.

Metrolinx, as the lead for the Ontario Line project, is responsible for all community engagement and has conducted a series of public engagement activities focusing on specific neighbourhoods and activities across the alignment of the project, including within the boundaries of TEYCC.

The City Clerk recommends that:

1. City Council declare a vacancy in the Office of Mayor.

2. City Council require that a by-election be held to fill the vacancy in the Office of Mayor, as outlined in the draft bill in Appendix A and direct that the by-law come into force on April 2, 2023.

3. City Council authorize the City Clerk to amend Purchase Order Number 6044628 with DataFix, Division of Comprint Systems Incorporated, and increase the value of the contract by $571,615, net of all taxes and applicable charges ($581,676, net of HST recoveries), increasing the total contract value from $2,599,235, net of all applicable taxes and charges ($2,644,982, net of HST recoveries) to $3,170,850, net of all taxes and applicable charges ($3,226,657, net of HST recoveries), and to extend the validity date until December 31, 2024, under the same pricing, terms and conditions of the existing agreement and in a form satisfactory to the City Solicitor.

4. City Council approve the in-year budget adjustment to amend the City Clerk's Office 2023 operating budget to reflect the funds required to conduct the by-election.

This report outlines for City Council's consideration the requirements for filling the vacancy in the office of the Mayor as a result of John Tory's resignation.

On February 15, 2023, Mayor John Tory provided the City Clerk with a resignation letter which indicated that his resignation from office would take effect as of 5 p.m. on Friday, February 17, 2023.

The City of Toronto Act, 2006 and the Municipal Elections Act, 1996 together prescribe rules and impose deadlines with respect to filling a vacancy. Recent changes made by the Province of Ontario to the City of Toronto Act. 2006 require Council to fill a mayoral vacancy through a by-election, unless the vacancy occurs after March 31 in the year of a general election.

Subject to Council declaring the office vacant and passing a by-law requiring a by-election, the City Clerk has set the following mayoral by-election dates:

-  Nominations will open on Monday, April 3 at 8:30 a.m.

-  Nominations will close on Friday, May 12 at 2 p.m.

-  Advance voting will take place from Thursday, June 8 to Tuesday, June 13

-  By-election will be held Monday, June 26

The City Clerk will conduct the by-election in a similar manner to the October 24, 2022 general election.

The City Manager recommends that:

1. City Council amend the Use of Corporate Resources During an Election Period Policy and the Constituency Services and Office Budget Policy, to provide that the restrictions on services provided to Members of Council after August 1 in the year of a general election be applied to Council Members upon filing a nomination for the office of Mayor during a Mayoral by-election.

The purpose of this report is to extend existing policies related to services to Members of Council after August 1 in an election year to candidates upon filing a nomination for the office of Mayor during a Mayoral by-election.

The Ombudsman recommends that:

1.  City Council accept the report and direct City Officials to implement the report's recommendations.

Pursuant to section 170(2) of the City of Toronto Act, 2006 (COTA), the Ombudsman has concluded the report about its Investigation into the City's Processes for Clearing Encampments in 2021. We hereby table with City Council for its March 29, 2023 session the Investigation Report, dated March 24, 2023.

The Integrity Commissioner recommends that:

1. City Council adopt the findings that Councillor Matlow has violated the Code of Conduct;

2. City Council reprimand Councillor Matlow and suspend the remuneration paid to him in respect of his services as a member of Council for a period of 10 days, commencing May 1, 2023.

In recommending this, the Integrity Commissioner notes:

-  Two previous Integrity Commissioner reports have found Councillor Matlow breached Article XII (Conduct Respecting Staff) for similar conduct, and in the second instance Council imposed a reprimand.

-  Councillor Matlow has escalated his criticism of specific City staff to social media and, in the case of Ms. Cook, has engaged in subsequent reprisal.

The Integrity Commissioner investigated two complaints about Councillor Josh Matlow made by City staff under the Code of Conduct for Members of Council (the “Code of Conduct”).

The first complaint was made by former City Manager Chris Murray about a Tweet from Councillor Matlow on June 16, 2022. Commenting about information he received from the General Manager of Parks, Forestry and Recreation (“PFR”), Councillor Matlow Tweeted:

I don't appreciate being lied to. Nor should you. All park bathrooms were not opened by May 24 this year. That's unquestionably untrue.

The second complaint was made by then Interim City Manager Tracey Cook. On July 19, 2022, Councillor Matlow Tweeted:

I believe the mayor & council chose the very wrong person to serve our city as Acting City Manager. I refuse to ignore Tracey Cook’s decisions to omit facts regarding SmartTrack, and her approach to the violent encampment clearings. I can’t support this choice in good conscience.

The investigations were terminated on August 19, 2022 because of the municipal election but recommenced, upon request, after voting day (October 24, 2022).

As the complaints both involved Councillor Matlow’s public treatment of City staff, within a short period of time, the Integrity Commissioner joined the complaints for purposes of reporting his findings and recommendations to Council.

The appended report considers whether Councillor Matlow violated:

 -  Article XI (Conduct at Council and Committee Meetings)

-  Article XII (Conduct Respecting Staff)

-  Article XIV (Discreditable Conduct)

-  Article 17 (Reprisals and Obstruction)

Based on the evidence referenced in the report, the Integrity Commissioner found:

-  Councillor Matlow’s conduct did not violate Article XI (Conduct at Council and Committee Meetings).

-  Councillor Matlow’s conduct towards Ms. Romoff violated Article XII (Conduct Respecting Staff) and Article XIV (Discreditable Conduct).

-  Councillor Matlow’s conduct towards Ms. Cook did not violate Article XII (Conduct Respecting Staff) but did violate Article XIV (Discreditable Conduct) and Article 17 (Reprisals and Obstruction).

The City Manager recommends that:

1.  City Council receive this report for information.

The City of Toronto is facing ongoing challenges and occupancy issues in the shelter system. Toronto has exhausted its resources and is unable to support an ongoing, dedicated response to refugee claimant (asylum seeker) arrivals in our shelter system without adding to our operating budget gap and/or making cuts to the capital budget.

The City continues intergovernmental advocacy for tri-level collaboration to address the current surge of arrivals, and to develop a formal inter-governmental strategy for dealing with unplanned and sudden large-scale asylum seeker arrivals.

This advocacy is ongoing. In order to provide accurate and updated information, a supplementary report with additional details will be provided.

The City Manager recommends that:

1.  City Council adopt the Terms of Reference for the Housing Rights Advisory Committee in Attachment 1 of this report and direct that all meetings of this body be held in accordance with the Simplified Rules of Procedure for Advisory Bodies adopted by City Council at its meeting on February 7 and 8, 2023.

This report recommends the adoption of the Terms of Reference, including mandate and membership, for a new Council Advisory Body to advise Council on the City's progressive realization of the right to adequate housing, for the 2022-2026 term of Council.

Background

On December 17, 2019, Toronto City Council considered PH11.5 and adopted a revised Housing Charter and the HousingTO 2020-2030 Action Plan ("HousingTO Plan"), in which it committed to the progressive realization of the right to adequate housing.  At that time, City Council directed the City Manager to report back on a Housing Commissioner role/function, and that report in July 2022, Item EX34.7, included the findings from 3rd party experts Crean and Maytree, who were engaged by the City Manager.

On July 19, 2022, when considering Item EX34.7, City Council directed the City Manager, in consultation with the Deputy City Manager, Community and Social Services and the Executive Director, Housing Secretariat to report to City Council by the end of the first quarter of 2023, with a proposed Terms of Reference for a new Council Advisory Body, to support the City's goals set out in the Toronto Housing Charter and HousingTO Plan for the progressive realization of the right to adequate housing, within its jurisdiction. At that time, City Council also requested Toronto's Ombudsman to consider both the Crean and Maytree and City Manager's reports that were transmitted to Council as part of EX34.7 and report back with considerations for a dedicated Deputy Ombudsman, Housing.

Role of the Toronto Ombudsman

On February 7, 2023, the Ombudsman reported to City Council (CC3.1) on his consideration of resources and structures for a dedicated Deputy Ombudsman, Housing as requested by Council.  City Council deferred consideration of this item and requested the Toronto Ombudsman bring a report to the March 2023 Council meeting with additional information including the relationship of the Ombudsman's Office to the other actions that were directed by City Council when it considered EX34.7. It is anticipated the Ombudsman's report will be before Council at the same meeting when this report is considered.

Terms of Reference for the Housing Rights Advisory Committee

Proposed Terms of Reference for the Housing Rights Advisory Committee is provided as Attachment 1 to this report. The Housing Rights Advisory Committee is intended to be a dedicated mechanism to represent the views of those with living/lived experience of housing precarity and homelessness, housing advocates, academics and service providers, as well as to inform policies, programs and decision-making of City Council as it pertains to furthering the progressive realization of the right to adequate housing. The proposed mandate and membership are outlined in Attachment 1 as well as on pages 6 and 7 of this report.

In developing the Terms of Reference for the Housing Rights Advisory Committee, staff consulted with the Toronto Ombudsman.

Implementation of Directions from EX34.7

In addition to this report and the anticipated report from the Ombudsman, information on the implementation of the suite of actions directed by Council in EX34.7 are provided in Attachment 2 to this report. The City Manager and Ombudsman are engaged in discussions to coordinate the implementation of a number of these actions.

The City Clerk recommends that:

1. City Council appoint the following nine individuals to the Tribunals Nominating Panel, at pleasure of Council, for a term of office ending March 31, 2027, and until successors are appointed:

-  Abena Buahene

-  Patricia Foran

-  Teng-Teng Amy Go

-  Asiya Hirji

-  Anna Kinastowski

-  Dr. Lilian Ma, as Chair

-  Kenneth Richard

-  Daphne Simon

-  Voy Stelmaszynski

The purpose of this report is to appoint public members to the Tribunal Nominating Panel. City Council established the Panel in December 2018 to make recommendations to Council on the appointment of public members to the City's nine quasi-judicial tribunals.

The City Clerk transmits the Decision Letter from the Nominating Panel - Corporations.

The Nominating Panel - Corporations recommends that:  

1. City Council appoint the following candidate to the Toronto Hydro Board, at the pleasure of Council, for a term of office ending March 31, 2025, and until a successor is appointed:

Earl Davis

2. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 4 to the report (March 6, 2023) from the City Clerk remain confidential in their entirety, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Hydro Board.

At its meeting on March 20, 2023, the Nominating Panel - Corporations considered Item NC2.1, Appointment of Public Member to the Toronto Hydro Board and made recommendations to City Council.

The City Clerk transmits the Decision Letter from the Nominating Panel - Corporations.

The Nominating Panel - Corporations recommends that:  

1. City Council appoint the following candidate to the Metro Toronto Convention Centre Board, at the pleasure of Council, for a term of office ending July 20, 2025, and until a successor is appointed:

Mike Yorke

2. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 4 to the report (March 6, 2023) from the City Clerk remain confidential in their entirety, as they relate to personal matters about identifiable individuals being considered for appointment to the Metro Toronto Convention Centre Board.

At its meeting on March 20, 2023, the Nominating Panel - Corporations considered Item NC2.2, Appointment of Public Member to the Metro Toronto Convention Centre Board and made recommendations to City Council.

The City Clerk transmits the Decision Letter from the Nominating Panel - Toronto Licensing Tribunal.

The Nominating Panel - Toronto Licensing Tribunal recommends that:  

1. City Council appoint the following candidate to the Toronto Licensing Tribunal, who will serve as Chair, for a term of office ending on November 14, 2026, and until a successor is appointed:

Mary Lee

2. City Council appoint the following candidates to the Toronto Licensing Tribunal who will serve as public members, for a term of office ending on November 14, 2026, and until successors are appointed:

Marc Bhalla

Emily Cole

Verlyn Francis

Peter Harris

Joanne Lau

Edgar-Andre Montigny

3. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2 to 5 to the report (March 7, 2023) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Licensing Tribunal.

At its meeting on March 21, 2023, the Nominating Panel - Toronto Licensing Tribunal considered Item NL2.1, Appointment of Public Members to the Toronto Licensing Tribunal and made recommendations to City Council.

Summary from the report (March 7, 2023) from the City Clerk:

The Nominating Panel - Toronto Licensing Tribunal will conduct interviews and recommend seven candidates, including one candidate as the Chair, to City Council for appointment to the Toronto Licensing Tribunal.

The City Solicitor recommends that:

1.  City Council adopt the confidential instructions to staff in the Confidential Attachment.

2.  City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 at the discretion of the City Solicitor.

3.  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.

In 2021, the City and Toronto and Region Conservation Authority applied for approval to plan and carry out the construction of a multi-use trail under the Municipal Class Environmental Assessment provisions of the Environmental Assessment Act (the "Act"). The particular project is to build an 800-metre trail to close a gap in the Humber River Recreational Trail (the "Trail") from Mallaby Park west of St. Phillip’s road to the southern entrance to Crawford-Jones Memorial Park off Cardell Ave (the "Project").

On January 18, 2023, the Minister of Environment, Conservation, and Parks (the "Minister") issued an order requiring that the City and Toronto and Region Conservation Authority carry out an individual environmental assessment of the Project (the "Order").  The Order states that allowing the Project to proceed on the basis of the Municipal Class Environmental Assessment would not be consistent with the purposes of the Act.

Confidential Attachment 1 provides further information and advice regarding the Minister’s decision.

The City Solicitor recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1.

2.  City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety, as it pertains to litigation and contains advice that is subject to solicitor-client privilege.

Vaccine Choice Canada and seven individuals have brought a legal claim against the City of Toronto (the "City"), the federal government, the Ontario government, other municipal governments and government actors as well as various officials and employees of those entities. Both Toronto's mayor and medical officer of health are named in their official capacity. The claim was brought in Superior Court, bearing Court File CV-20-00643451-0000 ("the Claim").

The Claim seeks declarations that public health measures that were adopted in response to the COVID-19 pandemic are unconstitutional and seeks injunctions against future COVID-19 public health measures.

A motion to strike the Claim has been scheduled for January 30 and February 1, 2024.

Confidential Attachment 1 contains legal advice from the City Solicitor regarding this legal proceeding.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if the confidential recommendations are adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.

On May 28, 2021, the City received a Zoning By-law Amendment application for 40 - 42 Tuxedo Court (the "Site") to permit the construction of a mixed-use building with two towers.

The applicant appealed City Council's neglect or failure to make a decision on its application (the "Appeal") to the Ontario Land Tribunal on January 21, 2022.

The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for July 10, 2023.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor.

3.  City Council direct that the remainder of Confidential Attachment 1 is to remain confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.

This report provides information regarding a legal challenge to a decision of the Ontario Divisional Court released February 8, 2023 concerning a decision issued by the Local Planning Appeal Tribunal on August 7, 2020 in respect of development charge complaints filed by certain land owners in the Humber Bay Shores area of the City pursuant to section 20 of the Development Charges Act, 1997.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  If the confidential recommendations in Confidential Attachment 1 are adopted, City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

On July 9, 2021 the City received an Official Plan and Zoning By-law Amendment application for 438-440 Avenue Road and 169-171B Balmoral Avenue to permit a 24-storey residential apartment building containing 223 dwelling units. A Rental Housing Demolition application was submitted to permit the demolition of 10 rental dwelling units on the site.

The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan Amendment and Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on March 3, 2022 (OLT-22-002490).

The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled to commence on May 15, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachment 2 to this report from the City Solicitor.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.

On December 17, 2020, the City received a Zoning By-law Amendment application for 4340 Bloor Street West (the "Site") to permit the construction of a 13-storey and a 4-storey apartment building with a total of 240 new residential units.

The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on April 25, 2022.

The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearing scheduled for June 5, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, Confidential Attachment 2, and Confidential Appendices A and B, if the confidential recommendations are adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

On November 8, 2021, the City received a Zoning By-law Amendment and Site Plan Application for 68, 70, 72, 74, 76 and 78 Churchill Avenue (the "Site") to permit the construction of 44 new townhouse units.

The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment and Site Plan Application (the "Appeal"), to the Ontario Land Tribunal on October 5, 2022.

The City Solicitor requires further directions for the upcoming Ontario Land Tribunal Case Management Conference scheduled for April 11, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if the confidential recommendations are adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On November 4, 2019, a Zoning By-law Amendment application was submitted for 801 York Mills Road and 1855 Leslie Street to permit two, 21-storey towers (69 metres each), and a 9-storey apartment building (31.9 metres).

The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal") to the Ontario Land Tribunal on April 25, 2022.

The City Solicitor requires further direction for the upcoming Ontario Land Tribunal hearing scheduled for July 31, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On April 29, 2022, the applicant submitted a site plan application, file 22 142181 WET 05 SA (the "Application") to permit the development of 98, 4-storey back-to-back townhouse units, which the City deemed as complete as of June 8, 2022.

The applicant appealed City Council's neglect or failure to make a decision on its application for the site plan application (the Site Plan Appeal"), to the Ontario Land Tribunal on October 25, 2022.

The City Solicitor requires further direction for the upcoming Ontario Land Tribunal hearing scheduled for April 18 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege and litigation privilege.

On March 5, 2019, the City of Markham received applications for an Official Plan and Zoning By-law Amendment to permit the development of 27- and 6-storey residential buildings on the lands located at 36, 38, 40, 42, 44, 46, 48 Steeles Avenue East and 37, 39, 41, 43, 45, 47, 49 Highland Park Boulevard ("Proposed Development"). The applicant has appealed the City of Markham's failure to make a decision on the Proposed Development to the Ontario Land Tribunal.

The Ontario Land Tribunal held the first Case Management Conference on February 6, 2023, at which the City of Toronto was granted party status.  A hearing is scheduled for November 6, 2023, for which the City Solicitor requires instructions.

The subject site is comprised of fourteen (14) parcels of land municipally addressed as 36-48 Steeles Avenue East and 37-49 Highland Park Boulevard located within the City of Markham.  The site is located on the north side of Steeles Avenue East, which is a City of Toronto road.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On October 27, 28 and 30, 2020, City Council adopted Official Plan Amendment 499, which, among other matters, created Chapter 6, Section 45, Golden Mile Secondary Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal by 20 appellants and the Ontario Land Tribunal added three additional parties.

The purpose of this report is to request further instructions in this matter which is the subject of appeals to the Ontario Land Tribunal.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice, which is subject to solicitor-client privilege.

The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for 10 days.  The applicant appealed the proposed Zoning By-law Amendment application for 399-405 Yonge Street to the Ontario Land Tribunal due to Council's neglect or failure to make a decision on the application within the prescribed time period under the Planning Act.  The lands 399-405 Yonge Street and 20 Gerrard Street East are proposed to be included in the Official Plan Amendment application appealed by the applicant of 409-415 Yonge Street and 9 and 17 McGill Street to the Ontario Land Tribunal.

City Council previously directed City staff to engage with the applicant and Covenant House (owner of 20 Gerrard Street East) in an effort to resolve matters in dispute.  The City Solicitor and City staff, along with the other parties to the appeals made by the applicant have engaged in Tribunal led mediation and discussions.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The purpose of this report is to seek further instruction in relation to a development application for an appeal at the Ontario Land Tribunal.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On July 15, 2021, the City received a Zoning By-law Amendment application for the lands at 1-3 Concorde Gate and 10-12 Concorde Place (the "Site").  The application was to permit the redevelopment of the Site with five residential buildings consisting of nine towers ranging in height from 40 to 52 storeys.

The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on January 28, 2022.

A With Prejudice Offer to Settle the appeal of the Zoning By-law Amendment was provided to the City on March 16, 2023.  The City Solicitor requires instructions on the settlement offer, which will expire on the completion of the City Council meeting which commences on March 29, 2023.

A Plan of Subdivision application was also received on July 15, 2021, and was similarly appealed on January 28, 2022 due to the City's non-decision.  The Plan of Subdivision appeal will be held in abeyance and City staff will work with the Applicant to resolve the remaining draft plan of subdivision issues in order to finalize a set of draft plan of subdivision conditions.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice, which is subject to solicitor-client privilege.

The purpose of this report is to request further instructions for the potential Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for 10 days.  The applicant appealed the proposed Official Plan Amendment and Zoning By-law Amendment applications for 409-415 Yonge Street and 9 and 17 McGill Street to the Ontario Land Tribunal from Council's refusal of the applications pursuant to the Planning Act.

City Council previously directed City staff to engage with the applicant in an effort to resolve matters in dispute.  The City Solicitor and City staff, along with the other parties to the appeals made by the applicant have engaged in Tribunal led mediation and discussions.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

The purpose of this report is to seek further instruction in relation to a development application for an appeal at the Ontario Land Tribunal.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendices A, B, C and D, if the confidential recommendations are adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.

On September 22, 2011, City Council adopted Official Plan Amendment 144 and corresponding Zoning By-laws 1169-2011 and 1170-2011 (the "Implementing By-laws") to provide for a planning framework for St. Clair Avenue West.

A number of landowners appealed City Council's decision on Official Plan Amendment 144 and the Implementing By-laws (the "Appeals") to the Ontario Land Tribunal.  Two landowners within the Official Plan Amendment 144 plan area are appellant/parties, and have submitted development proposals for 2231 and 2255 St. Clair Avenue West.

The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled for June 16, 2023.

The City Solicitor recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this Report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to this Report from the City Solicitor including the Confidential Appendices, only at the discretion of the City Solicitor.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this Report from the City Solicitor is to remain confidential as it contains advice which is subject to solicitor-client privilege.

On October 13, 2021, Official Plan and Zoning By-law Amendment applications were submitted to permit a residential development at 15, 17, 19, 21 and 23 Hollis Street.  On May 18, 2022, revised Official Plan and Zoning By-law Amendment applications were submitted which expanded the site to include 11 and 13 Hollis Street (together with 15-23 Hollis St, the "Site") and altered the proposal to a 46-storey (146.6 metres, inclusive of mechanical penthouse) residential building containing 596 dwelling units.  The application includes the reconfiguration of the terminus of Hollis Street into a new cul-de-sac.

On August 18, 2022, the applicant appealed the Official Plan and Zoning By-Law Amendments to the Ontario Land Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act.

A Case Management Conference was held on November 23, 2022 (Ontario Land Tribunal Case OLT-22-004314).  A 5-day hearing has been scheduled to start on June 5, 2023.

On February 3, 2023, the applicant filed a revised site plan and profile section dated January 31, 2023 with the Ontario Land Tribunal for which it intended to seek the approval of the Ontario Land Tribunal.  On February 13, 2023, the applicant again filed a revised site plan and profile section dated February 10, 2023 with the Ontario Land Tribunal, replacing the previously filed drawings.

On February 24, 2023, the applicant filed a further revised site plan dated February 23, 2023 with the Ontario Land Tribunal, which supersedes the previous proposals filed with the Ontario Land Tribunal and is intended to be the revised proposal (the "Revised Proposal").  The Revised Proposal is in the comment section and is attached as Public Attachment 1 to this Report.

Critical filing deadlines in the Ontario Land Tribunal proceedings will arise prior to the next meeting of City Council.  The City Solicitor requires further instructions from City Council.

This report has been prepared in consultation with staff from City Planning including Community Planning and Urban Design Staff.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

On June 13, 2021, an Official Plan and Zoning By-law Amendment application was submitted to permit a development consisting of 15 residential buildings occurring in three phases of development at 3377 Bayview ("the Site").  The application was revised in January 2022 to propose14 residential buildings, the majority of which range in height from 6-storeys to 8-storeys, with three buildings having heights of 11 storeys, 15 storeys, and 20-storeys.  The applicant proposes 84,650 square metres of residential gross floor area, resulting in 1,530 residential units, of which 50 percent are proposed to be affordable rental, and 50 percent are proposed to be market rental.  A total of 667 square metres of new non-residential gross floor area is proposed, including a private daycare, cafe, and flexible use spaces.  A new 18.5 metre-wide public street is proposed at the south end of the site connecting to Bayview Avenue at the existing signalized intersection.  The northern portion of street connecting to Bayview Avenue is proposed to be a private street with a width of 18.5 metres, with a new proposed signalized intersection on Bayview Avenue.  The majority of the existing Tyndale University building is proposed to be retained, and would continue to operate.  A Plan of Subdivision application was also submitted to create a new public street, 4 proposed development blocks and two park blocks.

On March 3, 2022, the Applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal due to Council not making a decision within the time frames prescribed in the Planning Act.  The Plan of Subdivision application has not been appealed to the Ontario Land Tribunal.

The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearing scheduled for 3 weeks commencing July 10, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2.  If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix 1.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.

On December 10, 2020, Official Plan and Zoning By-law Amendment applications were submitted to the City to permit an 80-storey mixed-use development that would partially conserve three heritage buildings located on the site, and proposed 588 purpose built rental units, 74,130 square metres of office space and 872 square metres of retail space.

On January 24, 2022, the applicant appealed the Official Plan and Zoning By-Law Amendment applications to the Ontario Land Tribunal citing City Council's failure to make a decision within the time period prescribed under the Planning Act.  A Case Management Conference was held on May 20, 2022, and the Ontario Land Tribunal has scheduled a 10-day hearing commencing on April 24, 2023.  On November 22 and 23, 2022 the parties to the appeal participated in private mediation.

The City Solicitor requires further directions on this matter no later than the completion of the City Council meeting which starts on March 29, 2023.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, only at the discretion of the City Solicitor if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to litigation and solicitor-client privilege.

On October 6, 2020, an application to amend the Official Plan and Zoning By-law was submitted for the properties at 1405-1409A Bloor Street West and 229-231A Sterling Road, in order to redevelop the lands with an 18-storey mixed use building with an overall building height of 67.5 metres, inclusive of the mechanical penthouse.

The applicant appealed City Council's neglect or failure to make a decision on the applications for Official Plan and Zoning By-law Amendment to the Ontario Land Tribunal on April 8, 2021.

On March 16, 2023, the City Solicitor received a with prejudice Settlement Offer, consisting of the correspondence attached to this report as Public Appendix "A" and the architectural plans and drawings attached to this report as Public Appendix "B" (the "Settlement Offer") which proposes to modify the Applications.

The City Solicitor requires instructions on the Settlement Offer for the Ontario Land Tribunal hearing scheduled to commence on July 4, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

2.  If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

The lands are located within the Oakburn/Avonshire project, which is a comprehensive, phased redevelopment of the Oakburn Crescent and Oakburn Place lands.  The overall Avonshire project generally consists of five residential towers (21-22 storeys) and several townhouse blocks, for a total of 1,383 proposed residential units, and includes a reconfigured road network and the provision of a large central park. The subject applications are intended to permit the development of the final blocks of this larger redevelopment project.

The purpose of this report is to request further instructions for the Ontario Land Tribunal hearing into this matter currently scheduled to commence on September 18, 2023, for 9 days. The applicant appealed the proposed Zoning By-law and Official Plan amendments to the Ontario Land Tribunal due to Council's failure to make a decision on the applications within the times prescribed by the Planning Act.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

On January 20, 2023, the applicant resubmitted to the City revised Official Plan Amendment and Zoning By-law Amendment applications which, in general terms, propose six new buildings: one at 12 storeys and the remainder ranging from 41 to 52 storeys (the "Revised Applications").  As compared to the original applications, the Revised Applications include a draft Official Plan Amendment (the "Revised Draft Official Plan Amendment") that proposes an overall density of 5.98 FSI based on the site area of 29,613 square metres and the requested maximum gross floor area of 177,000 square metres in the Revised Draft Official Plan Amendment.

The Revised Applications also propose approximately 2,709 residential units, increased from 1,850 units, an increase in vehicular parking and bicycle parking and decrease in amenity space.  A private open space concept is proposed between the buildings on the site.  There are inconsistencies between the architectural plans, the various reports and studies, the policies contained in the Revised Draft Official Plan Amendment and the draft provisions of the Zoning By-law Amendment.  Accurately ascertaining the proposed overall gross floor area for the site based is not possible in the circumstances, therefore, the proposed overall density may be higher on the lands subject of the Revised Applications than proposed based on the Revised Draft Official Plan Amendment.  It is clear, however, that the amount of non-residential gross floor area has been reduced to 6,230 square metres from 8,877 square metres despite the significant increase in residential gross floor area and a reduction of amenity space within the development.

The purpose of this report is to request further instructions in this matter, which is the subject of appeals to the Ontario Land Tribunal.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor, if the confidential recommendations are adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.

On July 7, 2021, the City received a Zoning By-law Amendment application for 500 Duplex Avenue (the "Site") to permit the construction of two infill residential rental buildings of 11 and 15-storeys, in addition to the existing 34-storey rental apartment building which would remain on the Site.

The applicant appealed City Council's neglect or failure to make a decision on its application (the "Appeal") to the Ontario Land Tribunal on February 16, 2022.

The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for June 19, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to this report.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege and litigation privilege.

On December 22, 2020, a Zoning By-Law Amendment was submitted for the property at 5, 7, 9, 11, 15 and 19 Cosburn Avenue and 8, 10, 12, 14, 16, 30, 32, 34, 36, 38 and 40 Gowan Avenue (the "Site") to permit the construction of a residential building facing both Gowan and Cosburn Avenues.  The proposed new building steps up to a height of 15 storeys (48.5 metres, excluding mechanical penthouse) consisting of 25,950 square metres of residential gross floor area.  A total of 316 residential units are proposed with a density of 5.74 times the area of the lot.  An on-site parkland dedication of approximately 450 square metres is proposed at the north-west corner of the Site, with a 3 metre wide pedestrian connection proposed to extend from the proposed public park to Gowan Avenue.  The application was deemed complete on January 18, 2021.

On December 22, 2020 the City received an application for Rental Housing Demolition Application under Chapter 667 of the Municipal Code to permit the demolition of six rental housing units on the site.

On November 15, 2021, the applicant filed an appeal with the Ontario Land Tribunal for the Zoning By-law amendment application due to Council not making a decision within the 90-day time frame in the Planning Act.

The purpose of this report is to request further instructions for the appeal that remains outstanding at the Ontario Land Tribunal.

City Planning has been involved in the preparation of this report.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  If the City Solicitor's confidential recommendations are adopted by City Council, City Council authorize the public release of the confidential instructions contained in Confidential Attachment 1 to this report from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

On January 20, 2019, the Applicant submitted an application to amend Zoning By-law 569-2013 and former City of North York Zoning By-law 7625 (the "Application") for the property municipally known as 20 Godstone Road (the "Site" or "Lands").  The purpose of the January 2019 Application (the "Original Proposal") was to permit the development of two additional residential buildings on the site.  The site currently contains a 15-storey rental residential building that is proposed to remain, and none of the existing 174 dwelling units in the existing building are proposed to be removed or demolished.  The existing rental building has a gross floor area of 16,050 square metres and a Floor Space Index of 1.44 times the area of the lot.

The Applicant appealed the Application to the Ontario Land Tribunal for non-decision by City Council within the timeframe prescribed under the Planning Act (the "Appeal").

The City Solicitor requires further instructions at the upcoming City Council meeting on March 29, 2023 due to upcoming disclosure deadlines regarding the hearing for this Appeal.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, at the discretion of the City Solicitor.

3.  City Council direct that all other information contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice which is subject to litigation and solicitor-client privilege, and without prejudice information.

On September 25, 2020, a Zoning By-law Amendment application was submitted to permit the redevelopment of the lands with four residential and mixed-use buildings ranging from 45 to 54-storeys in height for a total 2,750 dwelling units.  On June 20, 2021 the applicant submitted a revised proposal to permit the redevelopment of the lands with three residential and mixed-use buildings with heights of 55, 59 and 65-storeys for a total of 2,500 dwelling units, 1,791 square metres of retail space, hotel and a daycare centre.  The proposal has an overall proposed density of 12.4 times the area of the lot.

On July 30, 2021, the Applicant appealed City Council's failure to make a decision on the Zoning By-law Amendment to the Ontario Land Tribunal.

The purpose of this report is to request further instructions for the appeal that has been scheduled for a contested hearing set to begin on April 24, 2023.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

2.  If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices A and B, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

The purpose of this report is to request further instructions for the Ontario Land Tribunal hearing into this matter currently scheduled to commence on May 8, 2023, for five (5) days. The applicant appealed the proposed Zoning By-law amendments to the Ontario Land Tribunal due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.