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).

July 14, 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 June 14 and 15, 2023.

Report of the Executive Committee from Meeting 6 on July 11, 2023

Submitted by Deputy Mayor Jennifer McKelvie

Report of the Audit Committee from Meeting 2 on July 7, 2023

Submitted by Councillor Stephen Holyday, Chair

Report of the Board of Health from Meeting 5 on July 4, 2023

Submitted by Councillor Chris Moise, Chair

Report of the Economic and Community Development Committee from Meeting 5 on July 6, 2023

Submitted by Councillor Shelley Carroll, Chair

Report of the General Government Committee from Meeting 5 on July 10, 2023

Submitted by Councillor James Pasternak, Chair

Report of the Infrastructure and Environment Committee from Meeting 5 on June 28, 2023

Submitted by Deputy Mayor Jennifer McKelvie, Chair

Report of the Planning and Housing Committee from Meeting 5 on July 5, 2023

Submitted by Councillor Brad Bradford, Chair

Report of the Etobicoke York Community Council from Meeting 6 on June 19, 2023

Submitted by Councillor Stephen Holyday, Chair

Report of the North York Community Council from Meeting 6 on June 20, 2023

Submitted by Councillor James Pasternak, Chair 

Report of the Scarborough Community Council from Meeting 6 on June 27, 2023

Submitted by Councillor Paul Ainslie, Chair 

Report of the Toronto and East York Community Council from Meeting 6 on June 22, 2023

Submitted by Councillor Gord Perks, Chair 

New Business submitted by the Mayor and 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.

The Ombudsman recommends:  

1.  City Council receive this report for information.

Pursuant to Section 170(2) of the City of Toronto Act, 2006, the Ombudsman has concluded the report about its Investigation into Toronto Community Housing Corporation's Tenant Human Rights Complaints Process. We hereby table with City Council for its June 14, 2023 session the Investigation Report, dated June 9, 2023.

The Executive Committee recommends that:  

1. City Council approve the updated Guiding Principles for the Development of Senior Executive Compensation Policies at City Agencies and Corporations in Attachment 1 to the report (June 26, 2023) from the City Manager.

2. City Council request the Boards of Directors of City agencies and corporations listed in Schedule B of Attachment 1 to the report (June 26, 2023) from the City Manager to adopt or amend as appropriate their organization's executive compensation policy to align with the Guiding Principles for the Development of Senior Executive Compensation Policies at City Agencies and Corporations in Attachment 1 to the report (June 26, 2023) from the City Manager, and to apply it to new executives hired and newly created executive positions.

3. City Council direct the Boards of Directors of City agencies and corporations listed in Schedule B of Attachment 1 to the report (June 26, 2023) from the City Manager to provide their organizations' Board-approved adopted or amended executive compensation policy to the City Manager by the first quarter of 2024. 

4. City Council provide this report to the Boards of Directors of those City agencies and corporations that were not in scope for this review, except for the Seniors Housing Corporation to which the Guiding Principles apply, for their review, reference and use as those Boards deem appropriate.

5. City Council consider the condition set by City Council in Item 2022.EX34.31 (July 19, 2022) as satisfied and permit Toronto Hydro on a go forward basis to amend its current compensation policies, or amend the base or incentive compensation provisions of its existing employment contracts with Toronto Hydro senior executives or to hire any new permanent senior executives.

6. City Council direct that Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

This report responds to City Council's 2021 direction to the City Manager to complete an independent external review of executive compensation policies and practices at City agencies and corporations and review and update the City's Guiding Principles for the Development of Senior Executive Compensation Policies (the "Guiding Principles"). This report provides the findings of the review and seeks Council's approval of updated Guiding Principles.

While the City is not the employer of agency and corporation executives, it supports agencies and corporations to set executive compensation in a transparent, rational, accountable and fair manner, taking into account the responsible use of taxpayer and ratepayer funds. Strategic compensation ensures senior executives are attracted and retained in the increasingly competitive labour market.

An independent external review of executive compensation at City agencies and corporations found that their policies were developed using some or all the components of the City's framework, and that most organizations' current policies and practices are consistent with those utilized in the public, broader public, and not-for-profit sectors, and in some cases, the private sector. The review also found key elements of the 2014 Guiding Principles to be sound, prudent, and reasonable but suggested changes in specific areas to better reflect current leading market practice and labour market conditions.

The Guiding Principles have been updated to provide flexibility for agencies and corporations while ensuring alignment to market indicators. The amendments include limited use of private sector comparators and incentive pay in accordance with predetermined criteria and within market norms. Utilizing the methodologies outlined in the updated Guiding Principles will result in caps to City agency and corporation executive compensation commensurate with their benchmarks.

At its meeting of July 14, 2021, City Council had before it the supplemental report (dated July 13, 2021) from the City Manager and the City Solicitor including a confidential attachment containing solicitor-client advice respecting the issues surrounding the issue of executive compensation policies for City Agencies and Corporations.

As the current report (June 26, 2023) from the City Manager to be considered by Executive Committee at its meeting of July 11, 2023 concerns this same issue, this supplemental report has been prepared in order to ensure that legal advice is again available for the convenience of Committee and Council and may be considered along with the City Manager's recommendations.

The Executive Committee recommends that:

1. City Council ratify and approve the Memorandum of Agreement in Confidential Attachment 2 to the report (June 26, 2023) from the Deputy City Manager, Infrastructure Services, the Deputy City Manager, Corporate Services, the Deputy City Manager, Community and Social Services, and the Chief People Officer between the City of Toronto and Canadian Union of Public Employees, Local 79, in order to effect a revised union wage schedule for incumbents in the noted classifications in the Toronto Building Division.

2. City Council authorize the City Manager, in consultation with the Chief Building Official and Executive Director, Toronto Building, to draw the wage increases payable in 2023 from the Building Code Service Improvement Reserve (XR1305).

3. City Council ratify and approve the Memorandum of Agreement in Confidential Attachment 3 to the report (June 26, 2023) from the Deputy City Manager, Infrastructure Services, the Deputy City Manager, Corporate Services, the Deputy City Manager, Community and Social Services, and the Chief People Officer between the City of Toronto and Toronto Civic Employees Union, Local 416 in order to effect a revised union wage schedule for incumbents in the noted classifications in the Toronto Paramedic Services and Fleet Services, subject to the other caveats within the Memorandum.

4. City Council authorize the City Manager, in consultation with the Chief People Officer, to make the necessary amendments to rates of pay and other issues identified as agreed changes in the Memoranda of Agreement for the noted classifications in Toronto Building, Toronto Paramedic Services and Fleet Services.

5. City Council authorize the public release of the confidential labour relations information in Confidential Attachment 1 to report (June 26, 2023) from the Deputy City Manager, Infrastructure Services, the Deputy City Manager, Corporate Services, the Deputy City Manager, Community and Social Services, and the Chief People Officer, after the conclusion of collective bargaining with CUPE Local 79 and TCEU Local 416 following the expiry of the 2020-2024 collective agreements, including ratification and approval of the collective agreements, by Council, and the completion of all related proceedings.

The Executive Committee recessed its public session to meet in closed session to consider this item as it relates to labour relations or employee negotiations.

The purpose of this report is to provide City Council with an overview of the City's actions to address talent and attraction challenges in Toronto Building, Fleet Services and Paramedic Services. This report also seeks ratification and approval for the Memoranda of Agreement negotiated between the City of Toronto and CUPE, Local 79 and TCEU Local 416.

The agreement with CUPE Local 79 applies revised wage grades and/or salary structure to sixteen (16) bargaining unit classifications within the Toronto Building Division. These revised Toronto Building wage grades would be applied retroactively from January 1, 2022 and will increase their hourly rate by an average of approximately 13% to align with current market rates.

This Memorandum was proposed in response to concerns with compensation, complexity of assignments and workload volume in Toronto Building, all of which are negatively impacting the recruitment and retention of staff. Higher or similar salaries offered for less work volume, scope and responsibility in smaller, neighbouring municipalities has presented recruitment and retention issues for the division, especially in competing for top talent in very tight labour market conditions. This coupled with the current state of rising inflation rates, high cost of living and stringent provincial building code qualifications, places additional pressures with recruitment efforts to find and secure quality applicants. This has presented significant challenges in hiring fully qualified staff. As a result, the Division is hiring more inexperienced candidates and relying on large unsustainable amounts of overtime in an effort meet service demands.

The agreement with TCEU Local 416 applies to three occupations (i.e., mechanics) in two City divisions (Fleet Services and Paramedic Services) that deal with vehicle maintenance and repair. While Toronto Fire Services also employs mechanics, they are not part of TCEU Local 416 bargaining unit.

The agreement with TCEU Local 416 was proposed to address systemic issues related to recruitment and retention of mechanics in Fleet Services and Paramedic Services. In two years, the turnover rate of mechanics in Toronto Paramedic Services and Fleet has increased from 7% to 20% annually. Currently, approximately 23% of mechanic positions are vacant and the divisions are struggling to attract highly-skilled individuals, which is affecting the divisions' service levels. The barriers to attracting and retaining staff are attributable to two systemic issues: below-market wages and a constrained labour market driven by an overall shortage of this skilled trade in Southern Ontario.

The agreement with TCEU Local 416 proposes a higher wage for specific roles within the maintenance teams at Fleet Services and Paramedic Services, as well as an apprenticeship program to pipeline talent into the City.

The Executive Committee recommends that:

1. City Council approve in-year budget adjustments to the 2022-2031 Approved Capital Budget and Plan as detailed in Appendix 4a to the report (June 26, 2023) from the Chief Financial Officer and Treasurer.

2. City Council approve capital adjustments consistent with details provided in Appendix 6 to the report (June 26, 2023) from the Chief Financial Officer and Treasurer and direct $300 million in Capital from Current funding to the COVID-19 backstop (XQ0703) to be applied against the 2022 COVID-19 funding shortfall.

The purpose of this report is to provide City Council with the City of Toronto capital spending for the twelve month period ended December 31, 2022. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2022 Approved Capital Budget and Plan.

As illustrated in Table 1 below, City's 2022 capital expenditure was $3.602 billion or 64.4% of the 2022 capital budget of $5.597 billion for the period ended December 31, 2022.

- Tax Supported Programs and Agencies reported capital expenditures of $2.524 billion representing 62.3% of their collective 2022 Approved Capital Budget of $4.051 billion.

- Rate Supported Programs reported capital expenditures of $1.078 billion, representing 69.7% of their collective 2022 Approved Capital Budget of $1.546 billion.

Table 1: Capital Variance Summary

The City's actual capital spending through the twelve months of 2022 is $3.602 billion. This represents a higher dollar value than the $3.545 billion spent in 2021, partially as a result of cost escalation driven by inflation. However due to a materially larger base budget in 2022 compared to the prior year, coupled with $300 million in paused capital spending initiated to help address the remaining 2022 COVID-19 funding shortfall, the spending rate is lower in 2022 compared to 2021.

The $300 million pause in capital spending to address the COVID-19 funding shortfall that is further detailed below, accounts for roughly 7.4% of the 2022 tax supported capital budget, adjusting for this factor the 2022 spend rate would increase to 70.7%.

2022 spend rates were further impacted by ongoing significant global supply chain issues triggered by COVID-19 were worsened by the conflict in the Ukraine. In addition the labour market has made access to skilled trade workers more challenging which severely impacted capital delivery, these supply chain and labour market challenges were experienced in all sectors, all markets and jurisdictions.

Impacts resulting from the inter-governmental funding shortfall

In 2022, the City actively engaged with Federal and Provincial counterparts at all levels to secure continued COVID-19 funding support. The City continued to experience significant and unprecedented financial impacts, both in the form of added costs and revenue losses as a direct result of the COVID-19 pandemic. The 2022 Operating Budget was balanced based on the expectation of continued COVID-19 support funding from the Government of Canada and Province of Ontario with a total amount of $1.4 billion. The City has received $850 million in federal and provincial support funding and has generated internal savings of $154 million compared to budgeted estimates, resulting in a remaining COVID-19 funding shortfall of $395 million in 2022.

To address the remaining $395 million shortfall, a backstop strategy is required to offset the COVID-19 related 2022 operating budget deficit.  This includes a $300 million adjustment to the 2022 Capital Budget consistent with the paused capital projects summarized below and detailed in appendix 6; as well as a further $95 million one-time draw from the COVID-19 backstop. 

Due to the absence of further Federal and Provincial contributions, the COVID-19 backstop will now be reduced to $1.039 billion, which remains sufficient to manage 2023 budgeted COVID-19 impacts of $933 million but absent further 2023 funding supports would be insufficient to address continued COVID-19 impacts expected in 2024 and future years, with 2024 impacts currently estimated to be $720 million to $927 million.

$300 million Required Capital Adjustment

As previously reported to Council, the backstop strategy included the requirement to pause and potentially reduce up to $300 million in approved 2022 Capital projects. The $300 million reflected 7.4% of the 2022 Tax Supported Capital Budget and was proportionately allocated across all City Programs and Agencies based on the level of Debt/Capital from Current (CFC) or Provincial Gas Tax funding within the 2022 Capital Budget.

The allocation predominantly impacts the City's capital investments for Toronto Transit Commission (TTC); Transportation Services; Parks, Forestry & Recreation; and Corporate Real Estate Management, which combined, reflect $236.0 million or nearly 80% of the total $300 million impact.

Appendix 6 of this report provides further details on impacted projects and notes the impacts by program or agency across the following three categories:

1. Cancelled or Permanently Reduced Projects ($97.9 million)

- Capital projects or programs initially paused to now be permanently reduced.

- For reductions to capital programs (i.e. major road rehabilitation), specific capital work or discrete locations were not necessarily eliminated, rather 2023 work plans were developed with reduced available funds based on the requirement for paused capital work.

2. 2022 Budget Reductions with Initiatives Incorporated in Future Capital Plans ($188.3 million)

- Projects reduced from the 2022 Capital Plan and subsequently added back in futures years either through additions approved as part of the 2023 – 2032 Capital Plan or accommodated within approved and available future year funding.

3. Other Adjustments ($13.7 million)

- Predominantly reflects adjustments in available funding sources enabling new non-debt funding to be added to existing projects, freeing up CFC funding to be eliminated from the Capital Plan, without an overall change to total project funding.

2022 will mark the second instance since the start of the pandemic where capital projects were reduced or adjusted to offset COVID-19 impacts with the first occurrence applying $263 million in 2020 capital underspending to the COVID-19 backstop.  There is currently no further direction to pause or reduce any 2023 Capital work that was approved as part of the 2023 budget process.

The Executive Committee recommends that:

1. Due to the absence of any further 2022 COVID-19 support funding, City Council approve the one-time redirection of $300 million in 2022 budgeted Capital From Current funds as detailed in the year end 2022 Capital Variance Report, as well as a one-time withdraw of $95.3 million in COVID-19 backstop funding from the Tax Rate Stabilization Reserve to offset the remaining unfavourable variance to the 2022 Operating year-end results.

2. City Council approve the recommended expenditure authority as detailed in Appendix D to the report (June 26, 2023) from the Chief Financial Officer and Treasurer.

The purpose of this report is to provide City Council with the Operating Variance for the twelve months ended December 31, 2022.

The City continued to experience significant financial impacts, both in the form of added costs and revenue losses as a direct result of the lasting impacts of the COVID-19 pandemic. The 2022 Operating Budget expected continued COVID-19 support funding from both the Government of Canada and Province of Ontario totalling $1.4 billion. Of this budgeted amount, the City received actual Federal and Provincial COVID-19 support funding of $850.3 million across multiple COVID-19 funding streams.

In addition to COVID-19 support funding, the City has generated internal savings of $153.5 million associated with actual COVID-19 impacts compared to budgeted estimates. These savings have further offset the COVID-19 funding gap, resulting in a final 2022 Year-End COVID-19 funding shortfall of $395.3 million.

Table 1 below details the budgeted 2022 City-wide COVID-19 related financial impacts against secured COVID-19 support funding; and the resulting financial position that is reflected in the year-end variance.

Table 1: 2022 COVID-19 Financial Impacts

 * COVID-19 impacts above Budgeted estimates for Shelters of $40M have been offset through program specific funding and internal savings. 

The 2022 Year-End COVID-19 funding shortfall of $395.3 million reflects an improvement from the $726.0 million shortfall previously reflected in the Nine Month Operating Variance reported to Council in December 2022, as a result of the following:

- Added Provincial funding towards Transit Impacts ($37.4 million);

- Provincial support towards the City's remaining 2022 COVID-19 shortfall ($235.0 million); and

- Greater than previously projected internal savings attributed to the Q4 performance of Corporate Revenues such as the Municipal Accommodation Tax, Parking Tag and Parking Authority revenues ($58.3 million).

The City had requested that the Federal government provide $235 million in further COVID-19 support funding for 2022 impacts, which would have matched the final Provincial contribution towards the remaining 2022 shortfall. 

Due to the absence of further funding support to address the remaining $395 million shortfall, a portion of the City's backstop strategy will be used to offset the COVID-19 related 2022 operating budget deficit. This includes a $300 million adjustment to the 2022 Capital Budget consistent with the paused capital projects detailed in appendix 6 of the Capital Variance Report; as well as a further $95 million one-time draw from the COVID-19 backstop. 

The COVID-19 backstop will now be reduced to $1.039 billion prior to any additional reserve contributions, which remains sufficient to manage the 2023 budgeted COVID-19 impacts of $933 million only. However absent of further funding supports would be insufficient to address continued COVID-19 related impacts expected in 2024 and future years, with 2024 impacts previously estimated to be between $720 million to $927 million.

Tax Supported Programs:

The following table summarizes the year-end financial position of the City's Tax Supported Operations as of December 31, 2022 reflecting an unfavourable variance of $395.3 million.

Table 2: Tax Supported Operating Variance Summary 

As noted above, due to the absence of further Provincial or Federal funding, the City will address the $395.3 million shortfall through the City's COVID-19 backstop strategy. These efforts are required to maintain a balanced 2022 year-end result.

Twelve Month Year-End Spending Results:

As noted in Table 2 above, for the twelve months ended December 31, 2022, Tax Supported Operations experienced an unfavourable net variance of $395.3 million or 9% of the 2022 Budget prior to backstop funding. The unfavourable variance is driven entirely by the COVID-19 funding shortfall. 

Rate Supported Programs:

Rate Supported Programs reported a favourable net variance of $99.9 million. The favourable variance is attributed to favourable revenue and expense variances in all three Rate Supported programs.

Rate Supported Programs are predominantly funded by user fees that are used to pay for the services provided and the infrastructure to deliver them. Solid Waste Management Services and Toronto Water's respective year-end surpluses, must be transferred to the Waste Management Reserve Fund and Wastewater and Water Stabilization Reserves, respectively, to finance capital investments and ongoing capital repairs and maintenance.

Table 3: Rate Supported Operating Variance Summary 

The Executive Committee recommends that:

1.  City Council approve in-year budget adjustments to the 2023-2032 Adopted Capital Budget and Plan as detailed in Appendix 4 to the report (June 26, 2023) from the Chief Financial Officer and Treasurer.

The purpose of this report is to provide City Council with the City of Toronto capital spending for the four month period ended April 30, 2023, as well as projected expenditures to December 31, 2023. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2023 Adopted Capital Budget and Plan.

Table 1 below summarizes the City's 2023 actual capital expenditures compared with the 2023 approved capital budget for the period ended April 30, 2023 as well as the projected expenditures by December 31, 2023.

Table 1: Capital Variance Summary

The City's actual capital spending through the first four months of 2023 is $852.5 million or 14.4% of the adopted capital budget of the year. The projected spending rate is 86.2% by year-end based on submissions from City divisions and agencies.

The Executive Committee recommends that:

1. City Council acknowledge the projected unfavourable year-end operating variance attributed to the COVID-19 financial impacts and remaining funding shortfall that is expected absent any further federal and provincial COVID-19 funding support.

2. City Council approve the budget adjustments and any associated complement changes detailed in Appendix D to the report (June 26, 2023) from the Chief Financial Officer and Treasurer to amend the 2023 Approved Operating Budget, with no impact on the Net Operating Budget of the City.

3. City Council authorize vendor fees detailed in Appendix E to the report (June 26, 2023) from the Chief Financial Officer and Treasurer, and consistent with the 2023 Budget to be added to the current police reference checks and other police documents fees charged to the public by the Toronto Police Service and City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges to reflect these new fees.

The purpose of this report is to provide City Council with the Operating Variance for the four months ended April 30, 2023 as well as projections to year-end. This report also requests City Council's approval for amendments to the 2023 Approved Operating Budget that have no impact on the City's Net Budget.

In 2023, the City continues to experience significant financial impacts, both in the form of added costs and revenue losses as a direct result of the lasting impact of the COVID-19 pandemic. As a result, the 2023 Operating Budget was balanced based on the expectation of continued COVID-19 support funding from the Government of Canada and Province of Ontario with a total amount of $932.8 million.

To date, $55.2 million in 2023 COVID-19 support funding has been committed specific to Public Health costs. In addition to COVID-19 support funding, the City has generated $32.2 million in offsets associated with projected COVID-19 impacts compared to budgeted estimates, resulting in a $845.4 million remaining COVID-19 funding shortfall in 2023.

Table 1 below details the budgeted 2023 City-wide COVID-19 related financial impacts against secured and assured COVID-19 support funding; and the resulting financial position that is reflected in the year-end variance projections:

Table 1: 2023 Anticipated COVID-19 Financial Impacts

Tax Supported Programs:

The following table summarizes the projected year-end financial position of the City's Tax Supported Operations as of April 30, 2023.

Table 2: Tax Supported Operating Variance Summary

Four Month Year-to-Date and Projected Year-End Spending Results:

As noted in Table 2 above, for the four months ended April 30, 2023, Tax Supported Operations experienced an unfavourable net variance of $222.5 million or (13%) of planned expenditures adjusted for Toronto Building and City Planning. It is important to note that the April 30^th experience is a snapshot in time and the year-end projection is based on current and expected future impacts.  The continued impact of COVID-19 and any deviation from expectations to year end will impact variance projections.  Any changes will be reflected in variance reporting for the twelve months ending December 31, 2023.

For year-end, the City is projecting an unfavourable variance of $915.6 million or (19%) of the 2023 Gross Operating Budget, adjusted for Toronto Building and City Planning. The projected unfavourable variance results from:

• $845.4 million COVID-19 funding shortfall;
• $111.7 million projected unfavourable variance within Shelter Services attributed to the Refugee Response funding shortfall of $97 million and greater than expected overall shelter services costs; and
• $41.5 million projected favourable across all other divisions and agencies.

 Rate Supported Programs:

Rate Supported Programs reported a favourable year-to-date net variance of $7.2 million.

Table 3: Rate Supported Operating Variance Summary

The favourable variance is largely driven by Toronto Parking Authority, attributed to both expense savings as well as positive revenue variances.  The year end is projecting no change in the variances for Toronto Parking Authority from the current experience, with a more favourable outlook in Toronto Water, as higher consumption rates are expected to continue.

Rate Supported Programs are funded entirely by the user fees that are used to pay for the services provided and the infrastructure to deliver them. Solid Waste Management Services and Toronto Water's respective year-end surpluses, if any, must be transferred to the Wastewater and Water Stabilization Reserves and Waste Management Reserve Fund, respectively, to finance capital investments and ongoing capital repairs and maintenance.

The Executive Committee recommends that:  

1. City Council authorize the levy and collection of taxes for the 2023 taxation year on railway roadways and rights-of-way and on land used as transmission or distribution corridors owned by power utilities, in accordance with subsection 280 (1) of the City of Toronto Act, 2006 and subsection 257.7 (1) of the Education Act.

2.  City Council request the Province of Ontario to enact regulations to prescribe a levy on Railway Roadway and Rights of Way and on Power Utility Transmission and Distribution Corridors for the 2023 taxation year, reflecting inflationary increases since 2018 when the current rates were reached.

This report seeks Council authority for the introduction of the by-law necessary to levy and collect taxes for the 2023 taxation year on railway roadways and rights-of-way and on land used as transmission or distribution corridors owned by power utilities, totalling approximately $7.00 million in taxation revenue, of which the municipal share is $6.49 million and the provincial education share is $0.51 million.

The 2023 levy has decreased slightly from the 2022 levy total of $7.05 million (with a $6.54 million municipal share and a provincial education share of $0.51 million) due to a reduction in the 2023 total acreage subject to this levy. For 2023, the property tax rates for railway rights-of-way and hydro corridors remain unchanged from 2022.

Taxation of railway lands varies across Canada, with some provinces utilizing a per-acre rate for railway lands, and most western provinces using tonnage per linear kilometre rates. In Ontario, per-acre rates are not increased annually. From 2005 to 2016 railway rates remained static, followed by modest rate increases in 2017 and again in 2018, with no rate increases since. If railway and hydro rates had been indexed to inflation to reflect increases in the Consumer Price Index in each year since 2005, an additional $3.05 million would be generated from the levy in 2023, including an increase in the municipal portion of revenues (including the Education share of Hydro One levy) of approximately $2.82 million.

The Executive Committee recommends that:

1. City Council authorize the levy and collection of amounts for the 2023 taxation year on colleges and universities, public hospitals, and correctional facilities as authorized by Section 285 of the City of Toronto Act, 2006 and City Council direct that the maximum prescribed amount of $75 be applied per provincially rated hospital bed, full time student, or resident place as prescribed by Ontario Regulation 121/07.

2.  City Council forward the Item to the Premier of Ontario and the Ontario Minister of Finance and request the Province to increase the $75.00 levy annually by the rate of inflation.

This report requests Council authority to adopt a by-law to levy amounts in the 2023 taxation year for colleges and universities, public hospitals, and correctional facilities (the "institutions"), estimated at approximately $19.6 million (annual "Heads and Beds" levy) based on the current legislative rates.

A levy of $75 per head or bed has been in effect since 1987. If the rates had been increased to reflect increases in the Consumer Price Index in each year from 1987 to 2023 (such that the 2023 rate would be $170.64 for each full time student, provincially rated bed, or resident place), an additional $24.9 million in tax revenue would be received in 2023. This is an issue faced by all Ontario municipalities.

The Executive Committee recommends that:

1. City Council authorize the reallocation of cashflows and corresponding funding within Toronto Water’s Approved 2023 Capital Budget and 2024-2032 Capital Plan in the amount of $18.185 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report (June 23, 2023) from the General Manager, Toronto Water, with a zero Budget impact.

2. City Council authorize the reallocation of project costs, cashflows and corresponding funding in Toronto Water's Approved 2023 Capital Budget and 2024-2032 Capital Plan in the amount of $15.939 million from projects that have been awarded under budget or completed to those requiring additional funding in the same amount as presented in Schedule A (Part C) to the report (June 23, 2023) from the General Manager, Toronto Water, with a zero Budget impact.

This report requests City Council's authority to amend Toronto Water's Approved 2023 Capital Budget and 2024-2032 Capital Plan by adjusting project cash flows contained within the Budget and Plan, respectively, to align forecasted project accelerations and deferrals. Additional reallocations to project cashflows and project costs are requested where project costs exceed the current approved cashflows and project costs. These reallocations will allow Toronto Water to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2023 Capital Budget and 2024-2032 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.

The Executive Committee recommends that:  

1. City Council adopt the St. Lawrence Centre Design Competition jury's selection of Hariri Pontarini Architects, LMN Architects, Tawaw Architecture Collective, Smoke Architecture and SLA as the winning submission for the St. Lawrence Centre for the Arts Design Competition.

2. City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO, to transition the next stages of this building program, including design and construction of the St. Lawrence Centre, within existing approved, and other available funds, to the Executive Director, Corporate Real Estate Management.

3. City Council request the Board of Directors of TO Live to direct the President and Chief Executive Officer, TO Live, in consultation with the Executive Director, Corporate Real Estate Management and the Executive Director, Financial Planning, to establish a stage gate process and proceed with Contract Documents and Class A Budget Estimates aligned to a fundraising strategy, as set out in Confidential Attachment 1 to the report (June 14, 2023) from the President and Chief Executive Officer, TO Live, between the TO Live Foundation and the City, which will inform future budget submissions.

4. City Council direct that Confidential Attachment 1 to the report (June 14, 2023) from the President and Chief Executive Officer, TO Live remains confidential in its entirety as it contains financial information supplied in confidence to the Board of Directors of TO Live which, if disclosed, could reasonably be expected to significantly prejudice the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

At its meeting on June 20, 2023, the Board of Directors of CreateTO considered item RA5.4 and made recommendations to City Council.

Summary from the report (June 6, 2023) from the Chief Financial Officer, CreateTO:

At its meeting of May 11, 2022, City Council adopted EX32.10 which endorsed the building program for a new reimagined St. Lawrence Centre for the Arts ("STLC") developed through a consultation process with the performing arts and creative communities. Council also directed CreateTO in consultation with TO Live to:

- Explore options for and complete the schematic design process to reimagine the STLC, informed by current capital funding (i.e., SOGR), the heritage approach and the building program developed through a consultation process;

- Complete an updated Class D cost estimate;

- Explore the opportunity for a renovation budget for the existing building; and

- Provide an update to the project budget and funding strategy (funding strategy to be addressed by TO Live in their report back to their board).

The STLC is managed by TO Live and located at 27 Front Street East, in the heart of the St. Lawrence Neighbourhood. The purpose of the report is to provide the Board of Directors of CreateTO (the "Board") with the results of the design competition to develop a winning schematic design, report on a renovation option, and seek approval to transition the project to Corporate Real Estate Management, Project Management Office to manage the design and construction of the new STLC pursuant to the Major Capital Project Approval Process. TO Live, as part of their reporting, will present an update on the funding strategy to support the new STLC outlined in this report to the TO Live Board on June 28, 2023.

Executive Committee and Council will consider recommendations from the CreateTO and TO Live Boards on this matter at its meeting on July 11 and July 19-21, 2023, respectively.

The STLC has played a key role in the evolution of the City's cultural fabric. Constructed by the City of Toronto as a Canadian centennial project, the STLC opened its doors in February 1970. For 52 years the building, alongside its counterpart, Meridian Hall, has served performers and hosted performances that have entertained citizens and visitors. Today, following the impacts of the pandemic, a new cultural landscape is emerging that calls for a reimagining of the STLC that builds upon the renewed values and themes heard through the consultation process, and which aligns with the TO Live five-year Strategic Plan - programing priorities; flexible spaces; equity, access and affordability; creative process; and delivery systems that will support the next generation of artists, performers, creatives and the local community.  

The proposed rebuild of the STLC will create a cultural ecosystem where renewed cultural spaces, innovative spaces and gathering spaces will anchor the STLC as a cultural and civic hub along the important Front Street cultural corridor. A new STLC will support the following key objectives:

- Build cultural capacity in the City, which will secure longevity of space for the creative community;

- Create new spaces that will serve the functional needs of the cultural and creative sector and the local community based on the following key principles which emerged from consultation process;

   - dynamic and highly flexible spaces;

   - a building constructed for extreme usability;

   - a bold and open building that fits the neighbourhood; and

   - a future facing building for a decarbonized world.

- Enable the versatility of spaces to serve performance and presentation, creation and incubation and the local artistic community as well as enable TO Live to showcase the world's most innovative artistic programs through presentation;

- Create a new state-of-the-art cultural hub and community asset for the City that will be equipped with cutting-edge broadcast technology and livestreaming equipment, virtual and augmented reality technology and high-speed connectivity to support the next generation of creatives and generate economic activity in Toronto;

- Support the cultural and retail importance of Front Street East as a "Cultural Corridor and Retail Priority Street" in the City's Downtown Plan;

- Contribute to the enhancement of the public realm with improved connections to Berczy Park, Scott Street and Meridian Hall and a new outdoor plaza on Scott Street; and

- Comply with Version 4 of the Toronto Green Standards, for City Agency, Corporation and Division Owned Facilities to meet the City's TransformTO objectives.

CreateTO, in collaboration with TO Live and Corporate Real Estate Management, pursuant to the City's Major Capital Project Approval Process, and as directed by Council through Item2020.EX12.6 and Item2022.EX32.10, have completed the following tasks as part the Phase One - Concept Design:

- Development of a building program through community consultation (refer to Attachment 2);

- Development of a design concept as established by the STLC Design Competition with the selection of the winning submission by Hariri Pontarini Architects, LMN Architects, Tawaw Architecture Collective, Smoke Architecture and SLA (collectively the "PH Design Team") (refer to Attachment 1); and

- A Class D Cost Estimate

Upon Council's adoption of the recommendation contained in this report and the funding strategy proposed by TO Live, the design and construction of the project will be transitioned to the City's CREM's Project Management Office.

At its meeting on June 28th, 2023, the Board of Directors of TO Live considered Item CT5.5 and made recommendations to the Executive Committee.

Summary from the report (June 14, 2023) from the President and Chief Executive Officer, TO Live

The purpose of the report is to seek the Board approval and recommendation to City Council that TO Live develop a schematic design from the results of the winning design competition, report on a renovation option, as well as seek City Council's approval to transition the project from CreateTO to the City's Corporate Real Estate Management office to manage the design and construction of the new St. Lawrence Centre for the Arts ("STLC").

The Executive Committee recommends that:

1. City Council direct that the City-owned property at 72 Amroth Avenue be allocated to the Beaches-East York Pilot Project for the purposes of developing missing middle housing solutions on City-owned, transit-oriented properties.

2. City Council grant authority to the Executive Director, Corporate Real Estate Management to approve an agreement to transfer 72 Amroth Avenue, and agreements related thereto, to a CreateTO managed corporation, Build Toronto Inc. or an affiliate of Build Toronto Inc., substantially on the major terms and conditions set out in Confidential Attachment 1 to the report (June 26, 2023) from the Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning, and including such other terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

3. City Council authorize severally each of the Executive Director, Corporate Real Estate Management and Director, Transaction Services to execute the documents required to complete the transfer transaction upon notice from CreateTO of a closing date for the disposal of 72 Amroth Avenue for redevelopment purposes.

4. City Council request the Chief Planner and Executive Director, City Planning, to advance any Official Plan Amendments and Zoning By-law Amendments required to provide permissions for missing middle housing opportunities on the property at 72 Amroth Avenue, to prepare the property at 72 Amroth Avenue for marketing missing middle housing opportunities on the lands.

5. City Council request the CreateTO Board to approve a market offering process for 72 Amroth Avenue following approval of a business case from the Chief Executive Officer, CreateTO, and direct the Chief Executive Officer, CreateTO to administer the market offering process utilizing its pre-qualified Broker roster to expedite marketing.

6. City Council direct that the City-owned property at 72 Amroth Avenue be de-designated as a municipal parking facility and cease to be managed by the Toronto Parking Authority and the City of Toronto Municipal Code Chapter 950, Traffic and Parking, Schedule XXXIV: Municipal Parking Facilities be amended to reflect such de-designation.

7. City Council authorize the City Solicitor to introduce the necessary Bills and make any necessary minor modifications, technical amendments, or by-law amendments as may be identified by them, or by the Executive Director, Corporate Real Estate Management, in order to give effect to Recommendation 6 above.

8. City Council request the Executive Director, Environment and Climate, and the General Manager, Transportation Services, in consultation with the Chief Executive Officer, CreateTO and the President, Toronto Parking Authority, to explore the feasibility of electrifying the existing Bikeshare station on Amroth Avenue and integrating it with a new on-street Electric Vehicle charging station.

9. City Council authorize the public release of Confidential Attachment 1 to the report (June 26, 2023) from the Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning, following the closing of the transactions contemplated in Confidential Attachment 1 to the report (June 26, 2023) from the Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning.

10. City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO, in consultation with the Chief Planner and Executive Director, City Planning and the local Councillor, to establish an advisory group in first quarter of 2024 to advise on the Beaches-East York Pilot Project at 72 Amroth Avenue, and help inform lessons learnt in developing missing middle of a similar scale on other appropriate sites.

11.  City Council direct the Chief Building Official and Executive Director, Toronto Building, in consultation with the Fire Chief and General Manager, Toronto Fire Services and the Chief Planner and Executive Director, City Planning, to facilitate the design and construction of missing middle housing forms, while meeting Building Code objectives, in support of the City’s housing strategy and the Expanding Housing Options in Neighbourhoods initiative by:

a. hiring a Building Code Consultant for technical consulting services to study the feasibility of supporting egress in multi-residential buildings of up to four stories, including additional life safety and other measures which would meet the objectives and intent of the Ontario Building Code, and report back on these findings to the Planning and Housing Committee in the first quarter of 2024; and

b. working in partnership with the Chief Planner and Executive Director, City Planning, incorporate any alternative options for compliance into the “Expanding Housing Options in Neighbourhoods” initiative and other missing middle projects in the City of Toronto.

The Beaches-East York Pilot Project is part of the Expanding Housing Options in Neighbourhoods (EHON) initiative. The purpose of the Pilot Project is to review appropriate City-owned sites in Beaches-East York (Ward 19) and work with the development industry and in consultation with the community to build a “missing middle” demonstration project. The processes and approaches developed through this initiative will inform how missing middle projects may be built on other sites, both publicly- and privately-owned, within the city.

The purpose of this report is to seek City Council authority for the transfer of the City-owned property at 72 Amroth Avenue (“the Property”) from the City to a CreateTO managed corporation, Build Toronto Inc., or an affiliate of Build Toronto Inc. This report responds to direction received in Item PH.20.3 "Expanding Housing Options in Neighbourhoods: Beaches-East York Pilot Project" to facilitate, through an appropriate development procurement process, the design and construction of demonstration projects, as part of the Beaches-East York Pilot Project. This report further seeks City Council authority for city-initiated Official Plan and Zoning By-law Amendments on the property to address policy and zoning barriers in the development of missing middle housing types.

The Executive Committee recommends that:

1.  City Council treat that portion of the City Council meeting at which to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto, is considered as the Annual General Meeting of the Shareholder for Build Toronto by:

a.  receiving the 2022 Annual Report for Build Toronto Inc. in Attachment 1 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto;

b.  receiving the CreateTO's 2022 Highlights Report in Attachment 2 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto; and

c.  receiving the Board-approved 2022 Audited Financial Statements for Build Toronto Inc. in Attachment 3 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto.

2.  City Council appoint KPMG LLP as the Auditor of Build Toronto Inc. for fiscal year 2023.

3.  City Council direct the City Clerk to forward a copy of the "Build Toronto 2022 Audited Financial Statements" forming Attachment 3 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto, to the Audit Committee for information.

City Council authorized the establishment of Build Toronto in 2008 pursuant to section 148 of the City of Toronto Act, 2006, and Ontario Regulation 609/06. Build Toronto was incorporated under the Business Corporations Act (Ontario) (OBCA) on November 13, 2008. The City is the sole shareholder.

Subsection 94(1) requires that the Board of Directors of Build Toronto call an annual meeting of its Shareholder by no later than fifteen months after holding the last preceding annual meeting. The last annual meeting was held by City Council on July 19, 2022.

Subsection 154(1) of the OBCA requires that the Shareholder receive the Build Toronto Statements and the Auditor's Report at the annual meeting of the Shareholder.

Section 149(2) of the OBCA requires that the Build Toronto Shareholder at each annual meeting appoint one or more auditors to hold office until the close of the next annual meeting and allows the Shareholder to authorize the Auditor's fee for the service.

Section 6.8 of the Shareholder Direction to Build Toronto requires Build Toronto to provide an annual update to City Council, in addition to the requirement of the OBCA to hold an annual general meeting.

The Executive Committee recommends that:

1. City Council treat that portion of the City Council meeting at which the letter (June 23, 2023) from the Chief Executive Officer, Casa Loma Corporation is considered as the Annual General Meeting of the Shareholder for Casa Loma Corporation by:

a. receiving the "Casa Loma Corporation 2022 Annual Report" and the "Casa Loma Corporation 2022 Audited Financial Statements" forming Attachments 1 and 2 to the letter (June 23, 2023) from the Chief Executive Officer, Casa Loma Corporation, respectively; and

b. appointing Welch LLP as the Auditor of Casa Loma Corporation for fiscal year 2023 and authorizing the Board of Directors of Casa Loma Corporation to fix the remuneration of the Auditor.

2. City Council forward a copy of the "Casa Loma Corporation 2022 Audited Financial Statements" forming Attachment 2 to the letter (June 23, 2023) from the Chief Executive Officer, Casa Loma Corporation to the Audit Committee for information.

At its meeting of May 17, 2023, the Board of the Casa Loma Corporation, considered the report from the Chief Executive Officer, forming Attachment 3 of this letter. The Board approved recommendations in the report, as shown above.

The Executive Committee recommends that:

1. City Council treat that portion of the City Council meeting at which the letter (June 26, 2023) from the Executive Director, Lakeshore Arena Corporation is considered as the Annual General Meeting of the Shareholder for Lakeshore Arena Corporation by:

a. receiving Board-approved the "Lakeshore Arena Corporation 2022 Annual Report" and the "Lakeshore Arena Corporation 2022 Audited Financial Statements" forming Attachments 1 and 2 to the letter (June 26, 2023) from the Executive Director, Lakeshore Arena Corporation, respectively;

b. appointing Welch LLP as the Auditor of Lakeshore Arena Corporation for fiscal year 2023, and authorizing the Board of Directors of Lakeshore Arena Corporation to fix the remuneration of the Auditor; and

c. receiving the "Lakeshore Arena Corporation Executive Compensation Disclosure 2022" forming Attachment 3 to the letter (June 26, 2023) from the Executive Director, Lakeshore Arena Corporation.

2. City Council forward a copy of the "Lakeshore Arena Corporation 2022 Audited Financial Statements" forming Attachment 2 to the letter (June 26, 2023) from the Executive Director, Lakeshore Arena Corporation to the Audit Committee for information.

At its meeting of June 23, 2023, the Board of the Lakeshore Arena Corporation (LAC, operating as the Ford Performance Centre), considered the report from the Executive Director of LAC, forming Attachment 4 of this letter. The Board approved recommendations in the report, as shown above.

The Executive Committee recommends that:

1. City Council treat that portion of the City Council meeting at which the letter (June 26, 2023) from the President and Chief Executive Officer, Toronto Community Housing Corporation and the Chair, Board of Directors of Toronto Community Housing Corporation, is considered as the Annual General Meeting of the Shareholder for Toronto Community Housing Corporation by:

a. receiving the Letter to the Shareholder from the Toronto Community Housing Corporation's Chair of the Board of Directors and the President and Chief Executive Officer, dated April 30, 2023, transmitting the "Toronto Community Housing Corporation 2022 Annual Report: Opening Doors for the Future – Celebrating 20 years" and "Additional Information" (including Executive Compensation Disclosure), forming Attachment 1 to the letter (June 26, 2023) from the President and Chief Executive Officer, Toronto Community Housing Corporation and the Chair, Board of Directors of Toronto Community Housing Corporation;

b. receiving the "Toronto Community Housing Corporation 2022 Audited Consolidated Financial Statements", forming Attachment 2 to the letter (June 26, 2023) from the President and Chief Executive Officer, Toronto Community Housing Corporation and the Chair, Board of Directors of Toronto Community Housing Corporation;

c. appointing KPMG LLP as the Auditor of Toronto Community Housing Corporation for fiscal year 2023, and authorizing the Board of Directors of Toronto Community Housing Corporation to set the fee of the Auditor; and

d. receiving the Toronto Community Housing Corporation's executive compensation disclosure included in "Additional Information" of Attachment 1 to the letter (June 26, 2023) from the President and Chief Executive Officer, Toronto Community Housing Corporation and the Chair, Board of Directors of Toronto Community Housing Corporation.

2. City Council direct the City Clerk to forward a copy of the "Toronto Community Housing Corporation 2022 Audited Consolidated Financial Statements" forming Attachment 2 to the letter (June 26, 2023) from the President and Chief Executive Officer, Toronto Community Housing Corporation and the Chair, Board of Directors of Toronto Community Housing Corporation, to the Audit Committee for information.

This report transmits materials submitted by the Board of Directors of Toronto Community Housing Corporation (TCHC) to the City. Management of TCHC confirms that all financial information was made available to the auditors for the performance of the audit.

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act, for holding the Annual General Meeting of the Shareholder of TCHC, including receipt of its Annual Report and Audited Consolidated Financial Statements (Statements) for 2022 and appointment of the auditor for 2023.

TCHC's 2022 Statements were audited by KPMG LLP and received an unqualified opinion stating that the financial statements present fairly, in all material respects, the financial position of the TCHC as at December 31, 2022, and its results of operations for the year then ended in accordance with Canadian public sector accounting standards.

The report also provides information on subsidiaries and joint ventures, individual compensation of executive officers, and additional items as directed by the Shareholder.

The Executive Committee recommends that:

1. City Council treat the portion of the City Council meeting at which this report is being considered as the Annual General Meeting of the Shareholder for Toronto Hydro Corporation.

2.  City Council approve and adopt the shareholder resolution attached as Attachment 2 to the letter (June 26, 2023) from the Board of Directors of Toronto Hydro Corporation in order to re-appoint the auditor of Toronto Hydro Corporation to hold office until the close of the next annual meeting of the shareholder and to authorize the Directors of the Toronto Hydro Corporation to fix the auditor's remuneration. 

3. City Council approve and adopt the shareholder resolution attached as Attachment 3 to the letter (June 26, 2023) from the Board of Directors of Toronto Hydro Corporation to approve the amended Toronto Hydro Corporation By-Law 1.1.

3. City Council receive the following documents for information:

a. Attachment 1a – Toronto Hydro Corporation 2022 Annual Report;

b. Attachment 1b – Toronto Hydro Corporation 2022 Climate Action Status Report;

c. Attachment 4 – Toronto Hydro Corporation 2022 Annual Financial Report for the Year Ended December 31, 2022 including Toronto Hydro Corporation’s audited consolidated financial statements for 2021 and the auditor's report related thereto; 

d. Attachment 5 – Toronto Hydro Corporation Annual Information Form for the Year Ended December 31, 2022; 

e. Attachment 6 – Toronto Hydro Corporation 2022 Environmental Performance Report; 

f. Attachment 7 – Toronto Hydro 2022 Environment, Social and Governance Report; 

g. Attachment 8 – Toronto Hydro Corporation Chief Executive Officer and Chief Financial Officer Certification of Annual Filings; 

h. Confidential Attachment 9a - Executive Compensation Disclosure of Toronto Hydro Corporation 

for 2022 (Part 1, NEO’s); 

 i. Confidential Attachment 9b – Executive Compensation Disclosure of Toronto Hydro Corporation for 2022 (Part 2, All);

j. revised Confidential Attachment 10 – Toronto Hydro Corporation Report to the Shareholder for the Year Ended December 31, 2022 and Toronto Hydro Corporation Non-Consolidated Financial Statements dated December 31, 2022; 

k. Confidential Attachment 11 - Financial Statements of Toronto Hydro-Electric System Limited for the Years Ended December 31, 2022 and December 31, 2021; 

l. Confidential Attachment 12 - Financial Statements of Toronto Hydro Energy Services Inc. for the Years Ended December 31, 2022 and December 31, 2021; 

m. Attachment 13 – Toronto Hydro Corporation’s First Quarter Report for the Quarter Ended March 31, 2023 including Toronto Hydro Corporation’s unaudited consolidated financial statements for the first quarter of 2023; and  

n. Attachments 14a and 14b - Statement of Remuneration and Expenses for Council Appointees for the Year Ended December 31, 2022.

4. City Council direct that Confidential Attachments 9a and 9b to the letter (June 26, 2023) from the Board of Directors of Toronto Hydro Corporation remain confidential in their entirety as they deal with personal information about identifiable individuals.

5. City Council direct that Confidential Attachments 10, 11 and 12 to the letter (June 26, 2023) from the Board of Directors of Toronto Hydro Corporation remain confidential in their entirety due to the security of the property of the City and securities requirements arising from Toronto Hydro Corporation's status as an offering corporation under the Business Corporations Act, (Ontario) R.S.O. 1990, c.B.16, Toronto Hydro Corporation's status as a reporting issuer under the Securities Act, (Ontario) R.S.O. 1990, c.S.5, and the application by the Ontario Securities Commission of National Instrument 51-102.

6. City Council authorize and direct appropriate City officials to take the necessary action to give effect to Council's decision.

The City of Toronto is the sole shareholder of THC. THC is a holding company which wholly- owns two subsidiaries:

1. Toronto Hydro-Electric System Limited, which distributes electricity; and 

2. Toronto Hydro Energy Services Inc., which provides street lighting and expressway 

lighting services in the City. 

Toronto Hydro Corporation (THC) pays the City dividends, calculated based on 60% of the prior year's net income after net movements in regulatory balances, in accordance with the City of Toronto’s Amended and Restated Shareholder Direction Relating to Toronto Hydro Corporation (the “Shareholder Direction”) to Toronto Hydro Corporation (THC), subject to legal requirements. Toronto Hydro Corporation (THC) paid the City $84.6 million in dividends in 2022, along with a first quarter dividend of $24.6 million for 2023. 

Additional information in respect of 2022 fiscal year operations can be found in Toronto Hydro Corporation's (THC’s) 2022 Annual Report, including a summary of highlights, customer service level achievements and information in respect of the delivery of Toronto Hydro Corporation's (THC’s) capital program.

The Executive Committee recommends that:

1. City Council in its capacity as one of the Shareholders of Toronto Pan Am Sports Centre Inc. that it adopt and authorize the City Manager to sign the Resolutions of the Shareholders attached as Attachments 2 and 3 to the letter (June 26, 2023) from the Secretary, Board of Directors, Toronto Pan Am Sports Centre Inc. on behalf of the City that resolve: 

a. Financial Statements

1. The audited financial statements of the Corporation for the financial year ended December 31, 2022 are received.

 b. Appointment of Auditors

1. Welch LLP are reappointed as the auditors of the Corporation until the close of the next annual meeting of the shareholders or until their successors are duly appointed.

2. The remuneration of the auditors will be fixed by the directors who are hereby authorized to fix that remuneration.

c. Confirmation of Proceedings

1. All by-laws, contracts, acts, proceedings, appointments, elections and payments of any director or officer of the Corporation that were enacted, made, done, or taken since the last annual meeting of the shareholders of the Corporation are approved, ratified, sanctioned and confirmed.

d. Approval of Budgets

1. The Budget be and is hereby ratified and approved.

2.  Any two directors or officers of the Corporation, be and they are hereby authorized and directed, for and in the name of and on behalf of the Corporation, to do all such acts and things and to execute under the corporate seal of the Corporation or otherwise, and to deliver all agreements, certificates and documents as they may consider necessary or advisable to carry out the  provisions of the resolutions passed by the shareholders of the Corporation herein.

The Toronto Pan Am Sports Centre (TPASC) 2022 Overview (Attachment 1) provides a brief history of the organization, 2022 operating highlights, an overview of annual general meeting requirements, Board actions related to appointment of the 2023 auditor, 2022 financial statement summary, results of the financial statement audit, 2022 operating financial results, background on the 2023 budget, the future outlook of the organization and a description of the Board composition.

The Executive Committee recommends that:

1. City Council treat that portion of the City Council meeting at which the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto is considered as the Annual General Meeting of the Shareholder for Toronto Port Lands Company by:

a. receiving the 2022 Annual Report for Toronto Port Lands Company in Attachment 1 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto;

b. receiving the CreateTO's 2022 Highlights Report in Attachment 2 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto; and

c. receive the Board-approved 2022 Audited Financial Statements for Toronto Port Lands Company in Attachment 3 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto.

2. City Council appoint KPMG LLP as the Auditor of Toronto Port Lands Company for fiscal year 2023.

3. City Council direct the City Clerk to forward a copy of the Board-approved 2022 Audited Financial Statements for Toronto Port Lands Company forming Attachment 3 to the letter (June 26, 2023) from the Executive Vice President and Chief Financial Officer, Build Toronto to the Audit Committee for information.

The City of Toronto Economic Development Corporation (TEDCO) was incorporated in 1986 under the Business Corporations Act (Ontario) (OBCA), and has operated with a revised mandate under the business name Toronto Port Lands Company (TPLC) since 2009. The City is the sole shareholder.

Subsection 94(1) of the OBCA requires that the directors of the TPLC call an annual meeting of its Shareholders not later than fifteen months after holding the last preceding annual meeting. The last annual meeting was held by City Council on July 19, 2022.

Subsection 154(1) of the OBCA requires that the Shareholder receive the TPLC Statements and the Auditor's Report at the annual meeting of the Shareholder.

Section 149(2) of the OBCA requires that the TPLC Shareholder at each annual meeting appoint one or more auditors to hold office until the close of the next annual meeting, and allows the Shareholder to authorize the Auditor's fee for the service.

Section 6.8 of the Shareholder Direction requires TPLC to provide an annual update to City Council.

The Executive Committee recommends that:

1. City Council treat the portion of the City Council meeting at which the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation is considered as the Annual General Meeting of the Shareholder for Toronto Seniors Housing Corporation by:

a. receiving the Board-approved "Toronto Seniors Housing Corporation 2022 Annual Report" (BD-April 27-Item 12(a)), forming Attachment 2 to the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation;

b. receiving the Board-approved "Toronto Seniors Housing Corporation 2022 Audited Financial Statements" (BD-April 27-Item #9(a)) forming Attachment 3 to the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation;

c. appointing KPMG LLP as the Auditor of Toronto Seniors Housing Corporation for fiscal year 2023, and authorizing the Board of Directors of Toronto Seniors Housing Corporation to set the fee of the Auditor as recommended by the Board (BD-April 27-Item #9(b)); and

d. receiving the Toronto Seniors Housing Corporation's 2022 executive compensation disclosure forming Attachment 1 to the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation.

2.  City Council forward a copy of the Board-approved "Toronto Seniors Housing Corporation 2022 Audited Financial Statements" forming Attachment 3 to the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation to the Audit Committee for information.

3.  City Council receive the Financial Impact section regarding known and anticipated financial outlooks and impacts (current and future years) for Toronto Seniors Housing Corporation forming Attachment 2 to the letter (June 21, 2023) from the Chief Executive Officer, Toronto Seniors Housing Corporation.

The materials from the adopted recommendations are attached to this transmittal letter for consideration by City Council.  As part of the package, the 2022 Annual Report provides information about Toronto Seniors Housing performance and summarizes progress made on key initiatives that the organization undertook during transition in 2022 and since transition occurred on June 1, 2022.  The Annual Report also provides information for different stakeholders including tenants, staff, partners and the City of Toronto.  Although Toronto Seniors Housing Corporation saw substantial accomplishments in 2022, there is much work to do, and we will continue to focus our work to provide safe, diverse and vibrant communities where tenants have a sense of inclusion and well-being.   

The Executive Committee recommends that:

1. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to report to the April 2024 meeting of the Economic and Community Development Committee with a report on regulating the unsolicited delivery of graphic images to residences, so that recipients have a choice whether they wish to view such image, similar to the London Ontario Disturbing Images by-law that requires that any graphic image or photograph purporting to show a fetus, if delivered to a residence:

a. be fully concealed within a sealed envelope or package, marked with:

i. the name and address of the person responsible for delivery of the graphic image; and 

ii. a warning that the envelope or package “contains a graphic image that may be offensive or disturbing to some people”.

2. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor and the General Manager, Transportation Services, to consider the feasibility of prohibiting advocacy signs that display graphic or disturbing images, as directed by City Council in Item 2023.EC4.6, as part of the report to the Economic and Community Development Committee in April 2024.

City Council on June 14 and 15, 2023, referred Motion MM7.17 to the Executive Committee.

Many Toronto residents are protesting being forced to view graphic anti-abortion images, in their homes, and in public spaces, without their consent. Activists have been putting open flyers with such images into residents’ mail boxes in communities across Canada. These flyers cause significant harm and distress, especially to young children and to people who have had miscarriages or abortions. Being forced to view these flyers in their homes violates their rights to privacy and to conscience.

To protect residents from these harms, while protecting freedom of expression, municipalities such as London, Ontario, and Calgary have adopted by-laws requiring that graphic flyers showing fetuses be enclosed in envelopes with a warning and identifying information. St. Catharines’ Council has instructed staff to prepare such a by-law.

London, Ontario was the first city in Canada to adopt such a by-law, and it has successfully reduced the number of abusive graphic flyers. Toronto has authority to pass a similar by-law here.

The City should also regulate graphic, disturbing images in public spaces and the public right of way. Such regulation is a longstanding request of City Council. There have been at least three separate Motions requesting that Municipal Licensing and Standards develop such regulations, but no such action has been taken:

December 5, 2017: MM35.10 Distribution and Display of Graphic Images

July 23, 2018: MM44.35 Use of the Public Right of Way for Display of Graphic Images

June 15, 2022: MM45.22 Prohibition and Regulation of Graphic Imagery Distributed to Private Residences and Displayed in the Public Realm

This problem continues to recur, most recently outside of a number of high schools where students were subjected to graphic imagery that spread false or misleading information about reproductive health.

The Executive Committee recommends that:

1.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission to arrange a presentation to the September 5, 2023 meeting of the Toronto Accessibility Advisory Committee on the service planning changes that are being made to the TTC's Wheel-Trans Service, including:

a. the rationale for the change(s);

b. what equity analysis was conducted to inform the anticipated impacts of the change(s);

c. how people with disabilities were consulted in the proposed change(s);

d. the status of the re-registration process and how known or anticipated barriers to re-registration will be addressed; and

e. a comparison of projected financial costs of operating the Wheel-Trans under Family of Services and the previous Wheel-Trans service model.

At its meeting on June 12, 2023, the Toronto Accessibility Advisory Committee considered item DI1.1 and made a recommendation to Council.

The Executive Committee recommends that: 

1. City Council grant authority to the City Manager, the Chief Procurement Officer and the Executive Director, FIFA World Cup 2026 Toronto (FWC26 Toronto) Secretariat to negotiate and enter into a non-competitive contract with Gensler Architecture and Design Canada Inc. for architectural services needed for the permanent and temporary upgrades at BMO Field for the FIFA World Cup 2026 Toronto (FWC26 Toronto) in the amount of $4,168,561.70 excluding taxes ($4,241,928.39 net of HST recoveries), on terms and conditions satisfactory to the City Manager and the Executive Director, FIFA World Cup 2026 Toronto (FWC26 Toronto) Secretariat, and in a form satisfactory to the City Solicitor.

2. City Council request the City Manager to report back to the October 11, 12 and 13, 2023 meeting of City Council on the Parts outlined in Item 2022.EX34.8, including:

a. the costs for the project;

b. the Community Benefits Plan;

c. the anticipated economic and community benefits for the City, Provincial Government and Federal Government; and

d. the status of intergovernmental negotiations.

The purpose of this report is to request authority to enter into a non-competitive contract with Gensler Architecture & Design Canada Inc. ("Gensler") for architectural services for the FIFA World Cup 2026 Toronto (FWC26 Toronto) capital project at BMO Field in the amount of $4,168,561.70 excluding taxes ($4,241,928.39 net of HST recoveries).

A non-competitive contract is necessary to immediately proceed with the capital project at BMO Field in order to meet the specific FWC26 Toronto event timelines as set by FIFA. To ensure efficiencies, staff are seeking authorization to award and enter into a non-competitive contract with Gensler for the FWC26 Toronto capital project at BMO Field.

On June 16, 2022, the City of Toronto was announced as an official Host City for the FIFA World Cup 2026 Toronto (FWC26 Toronto). The FIFA World Cup generates significant economic, cultural and community benefits for host cities and countries and increases host cities’ profile on the world stage. The significant economic impact anticipated from the event will help sustain Toronto’s long-term recovery from the COVID-19 pandemic, especially in the hard-hit tourism, hospitality and entertainment sectors.

In July 2022 (EX34.8), City Council authorized the Deputy City Manager, Community and Social Services to negotiate and enter into an agreement with Maple Leaf Sports and Entertainment (MLSE) for activities in support of Toronto's hosting of the FWC26 Toronto, and any amendments and extensions as required, including but not limited to management of temporary and permanent upgrades at BMO Field. The report highlighted benefits of the partnership including MLSE’s past and present management of BMO Field, successful management of previous capital construction at the stadium, and expertise as a leader in sport and entertainment.

Pursuant to the authority granted by Council, the City and MLSE finalized a Letter of Intent (LOI) in February 2023 that is binding on the parties and sets out a framework for terms of service arrangements specific to FWC26 Toronto hosting.

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 Executive Committee recommends that:

1. City Council approve a request for a Line of Credit Guarantee to be provided in support of Toronto Artscape Inc. to its lender, in order to support a line of credit extension of up to $1.5 million, inclusive of any accrued interest, on the basis that:

a. the City's Line of Credit Extension Guarantee shall expire on the earlier of the completion of Toronto Artscape Inc.'s sale of Launchpad or other property, or October 31, 2023; and

b. should the lender require payment of the City's $1.5 million guarantee, the Chief Financial Officer and Treasurer will take action to remit payment within 15 days of written notification by the lender.

2. City Council direct the Chief Financial Officer and Treasurer, in consultation with the Deputy City Manager, Community and Social Services and the City Solicitor, to negotiate and enter into any necessary agreements to provide the Line of Credit Guarantee to Toronto Artscape Inc., and to take any security deemed necessary by and to the satisfaction of the Chief Financial Officer and Treasurer, in a form satisfactory to the City Solicitor.

3. City Council direct that, should the Line of Credit Guarantee become payable by the City, the payment would be accommodated through a reallocation of funds within the Economic Development and Culture Division's 2023 Approved Operating Budget.

4. City Council authorize and direct appropriate City Officials to take such action as may be necessary to implement City Council's decision.

I am recommending that the Executive Committee add to the agenda the attached report from the Controller and the General Manager, Economic Development and Culture, regarding a request for a line of credit guarantee for Toronto Artscape Inc.

Artscape is a not-for-profit developer that manages 14 properties across Toronto, providing 390 tenants with affordable housing and working spaces. Expansion between 2017-2019, combined with the effects of business disruption during COVID-19 shutdowns, have resulted in Artscape facing cash flow and debt repayment challenges. In response to these challenges, Artscape’s Board of Directors has adopted a restructuring plan to reduce debt through asset sales and refocus the organization on its core mandate of providing affordable live, work and presentation space for artists.

Artscape has requested that the City guarantee a $1.5 million extension to its existing line of credit with TD Bank to allow the organization to meet its cash flow needs while it pursues urgent financial and strategic restructuring through asset sales. Artscape is eligible to receive a guarantee under the Line of Credit Guarantee Policy, based on the organization’s existing financial relationship with the City. Details on the proposed terms of the guarantee are included in the attached report.

This request is time sensitive to ensure that Artscape has the necessary support to successfully undertake its restructuring over the course of the summer. I am recommending that we add this important matter as new business to be considered at our July 11 meeting.

The Executive Committee recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation to submit an Expression of Interest to become a Model City under the United Nation's Environment Programme (UNEP) Generation Restoration Project and negotiate and sign on behalf of the City of Toronto the appropriate agreements with the United Nation's Environment Programme (UNEP), on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

The City of Toronto is a recognized leader in ecological restoration, biodiversity planning and urban forest and ravine management. Along with our partners at the Toronto and Region Conservation Authority, the City has been undertaking successful ecological restoration of Toronto's ravines, natural areas and urban forest for decades, through:

- Implementing City Council endorsed strategies, including Toronto's Ravine Strategy, Biodiversity Strategy, Pollinator Protection Strategy and TransformTO;

- Being recognized municipal leaders in restoring and maintaining Toronto's ravines, natural areas and urban forest through activities such as native tree and shrub planting, invasive species management and prescribed burns;

- Designing and delivering flagship restoration projects, such as Don Valley Brick Works Park, Humber Bay Butterfly Habitat, Beare Hill Park and the Meadoway, which have provided and improved critical wildlife habitat and natural areas for human enjoyment; and

- Being the first Canadian city to adopt a Tree Equity Approach to address inequitable distribution of the urban forest, in service of achieving the City Council approved tree canopy target of 40 per cent by 2050, aligning with the City's TransformTO Net Zero Strategy.

City staff are seeking approval to pursue designation of the City of Toronto as a Model City for the United Nations Environment Programme's (UNEP) Generation Restoration project. This three-year project aims to promote ecological restoration and to facilitate knowledge exchange between cities. Model Cities will serve as 'champions of restoration' through capacity building workshops, webinars and peer-to-peer exchanges, as well as contributing staff expertise to the development of tools and products to help cities accelerate ecosystem restoration globally.

The UNEP Generation Restoration project aims to address the challenges to promote restoration, particularly in urban areas, within the UN Decade on Ecosystem Restoration (2021-2030). The project will also support ten Pilot Cities located in ODA countries, i.e. countries that receive official development assistance (ODA) or developing countries, to implement ecological restoration projects.

Participation in this program as a Model City will provide an avenue for the City to share our expertise with other cities around the world to improve global efforts towards ecological restoration. A designation from the UN would also bring significant attention to the City's achievements in restoration while providing significant leverage when seeking funding from other orders of government as well as philanthropic donors, who may wish to sustain or scale up these efforts.

This letter recommends that City Council give authority to the General Manager, Parks, Forestry and Recreation, to submit an Expression of Interest to become a Model City for the UNEP's Generation Restoration project and enter into appropriate agreements, if selected. The City of Toronto looks forward to this opportunity to share our expertise to contribute to ecological restoration efforts around the world.

The Audit Committee recommends that:  

1. City Council approve the 2022 Consolidated Financial Statements in Appendix B to the report (June 23, 2023) from the Chief Financial Officer and Treasurer and Controller.

2. City Council approve the 2022 Sinking Fund Financial Statements in Appendix C to the report (June 23, 2023) from the Chief Financial Officer and Treasurer and Controller.

3. City Council approve the 2022 Consolidated Trust Funds Financial Statements in Appendix D to the report (June 23, 2023) from the Chief Financial Officer and Treasurer and Controller.

Sandra Califaretti, Director, Accounting Services, Thaksa Sethukavalan, Manager Financial Reporting, Accounting Services, and Duri Lee, Project Director, Accounting Services, gave a presentation on 2022 Audited Financial Statements - Consolidated City, Sinking Funds, and Consolidated Trust Funds.

This report presents the City of Toronto's (City) Consolidated Financial Statements (Consolidated Statements), the Sinking Funds Financial Statements (SF Statements) and the Consolidated Trust Funds Financial Statements (TF Statements) for the year ended December 31, 2022.

All City financial statements are prepared in accordance with Public Sector Accounting Standards (PSAS) established by the Public Sector Accounting Board (PSAB) of the Chartered Professional Accountants (CPA) of Canada.

Management is highlighting the following items in relation to the City's financial statements:

·       The City's tangible capital asset balances detailed in the City's Consolidated Statements contain corrective adjustments recommended by the City's external auditors, KPMG LLP (KPMG), during the 2022 year-end audit;

·       The City experienced reductions in government transfers despite the sustainment of pandemic and economic recovery related costs;

·       The City's 2022 Consolidated Statements have incorporated only those entities significant to the City's overall financial position and performance; and

·       The SF Statements recognized a temporary unrealized loss of $180 million as a result of market performance in 2022.

The City's external auditors, KPMG, are responsible for providing an opinion on the fair presentation of the above financial statements in accordance with PSAS. KPMG has issued an unqualified audit opinion on the City's 2022 Consolidated Statements, SF Statements, and TF Statements.

The Audit Committee is responsible for adopting the financial statements prior to City Council's approval.

The Audit Committee recommends that:

1. City Council receive the City of Toronto Audit Planning Report for the Year Ended December 31, 2022 (June 23, 2023) from KPMG LLP for information.

Kevin Travers, Lead Audit Engagement Partner, KPMG LLP, and Maria Khoushnood, Audit Engagement Partner, KPMG LLP, gave a presentation on City of Toronto Audit Findings Report for the Year Ended December 31, 2022.

At its meeting of June 29, 2020, in item 2020.AU5.7, City Council appointed KPMG LLP as the auditor licensed under the Public Accounting Act, 2004 responsible for annually auditing the accounts and transactions of the City and certain of its local boards and expressing an opinion on the financial statements of these bodies based on the audit.

KPMG LLP presents the City of Toronto Audit Planning Report for the Year Ended December 31, 2022 for the 2022 audit of the consolidated financial statements for the City of Toronto.

The Audit Committee forwarded this Item to City Council without recommendations.

The following 2022 Financial Statements and related documents for the year ended December 31, 2022 have been submitted to the Audit Committee for consideration:

- Build Toronto
- CreateTO
- Exhibition Place
- Heritage Toronto
- TO Live
- Toronto Atmospheric Fund
- Toronto Community Housing Corporation
- Toronto Parking Authority
- Toronto Port Lands Company
- Toronto Public Library
- Toronto Seniors Housing Corporation
- Toronto Transit Commission
- Toronto Zoo
- Yonge-Dundas Square

Consolidated Financial Statements for Build Toronto for the year ended December 31, 2022.

Financial Statements for CreateTO for the year ended December 31, 2022.

Financial Statements for Exhibition Place for the year ended December 31, 2022.

Financial Statements for Heritage Toronto for the year ended December 31, 2022.

Financial Statements for TO Live for the year ended December 31, 2022.

Consolidated Financial Statements for Toronto Atmospheric Fund for the year ended December 31, 2022.

Consolidated Financial Statements for Toronto Community Housing Corporation for the year ended December 31, 2022.

Financial Statements for Toronto Parking Authority for the year ended December 31, 2022.

Consolidated Financial Statements for Toronto Port Lands Company for the year ended December 31, 2022.

Financial Statements for Toronto Public Library for the year ended December 31, 2022.

Financial Statements for Toronto Seniors Housing Corporation for the year ended December 31, 2022.

Consolidated Financial Statements for Toronto Transit Commission for the year ended December 31, 2022.

Financial Statements for Toronto Zoo for the year ended December 31, 2022.

Financial Statements for Yonge-Dundas Square for the year ended December 31, 2022.

The Audit Committee recommends that:

1. City Council receive the report (June 21, 2023) from the Auditor General on the status of the financial statement audits of the City’s Agencies and Corporations for the year ended December 31, 2022 for information.

The purpose of this report is to provide the Audit Committee and City Council with the status of financial statement audits of the City’s Agencies and Corporations for the year ended December 31, 2022.

The Audit Committee recommends that:

1. City Council request the Chief Procurement Officer to establish guidelines and / or criteria for client divisions to consider when implementing complex procurement strategies and / or significant changes to the approach for category management and strategic sourcing initiatives, and to test changes on a smaller scale such as through staggered or segmented approaches, where possible, in order to review lessons learned and address potential issues, shortcomings, and risks before implementing wholesale changes.

2. City Council request the Chief Procurement Officer to provide guidance for client divisions on avoiding concurrent or overlapping procurement processes where appropriate, and / or implement appropriate risk mitigation measures to address potential issues that may arise when running concurrent or consecutive procurement processes for the same or related services where there may be the same suppliers bidding for contracts where operational capability is a factor or evaluation criteria.

3. City Council request the Chief Procurement Officer to provide guidance for client divisions to document in the solicitation file the rationale for exercising reserved rights or discretion when conducting a negotiated request for proposal, and to record the rationale for exercising such rights or discretion in the project closeout report.

4. City Council request the Chief Procurement Officer to provide more guidance and / or training for client divisions identifying when it would be appropriate to:

a. Implement a request for supplier qualification (RFSQ) process in advance of a negotiated request for proposal (NRFP) process, to address the risk of an insufficient number of suppliers meeting technical requirements and to increase the likelihood that more qualified suppliers submit pricing proposals.

b. Cancel, review, and reissue an amended RFSQ and / or NRFP where an insufficient number of qualified suppliers meet the City’s requirements or where concentrating risks with few suppliers is not appropriate or acceptable to the City.

5. City Council request the Chief Procurement Officer to review the process and form used for checking references, and establish formal procedures or guidelines for how references are to be used to validate accuracy of solicitation responses and how information from reference checks can be clarified with referees and suppliers.

6. City Council request the Chief Procurement Officer to review the standard process rules (or template) for negotiated requests for proposals and related evaluation criteria for past experience and reference checks, and enhance guidance and/or training for client divisions to ensure solicitation requirements and scoring guidelines for evaluation teams are sufficiently clear.

7. City Council request the Chief Procurement Officer, in consultation with the City Solicitor, to review how affiliate relationships may impact the evaluation of a supplier’s past experience and provide guidance to Purchasing and Materials Management Division staff and client divisions on how to evaluate.

8. City Council request the Chief Procurement Officer to provide guidance for client divisions and ensure that standard process rules (or templates) for negotiated requests for proposals and related scoring guidelines avoid the use of a two-pronged, multi-scenario approach for a given evaluation criteria / sub-criteria wherever possible; and, where the use of a two-pronged, multi-scenario approach is unavoidable, ensure evaluation criteria / sub-criteria is clear and all possible scenarios have been considered and incorporated in the scoring guidelines.

9. City Council request the Chief Procurement Officer to provide further guidance and / or training for client divisions to:

a. Ensure that requirements in negotiated requests for proposals solicit enough information to enable the City to assess whether key risks impacting suppliers’ capability to meet the scope of work and deliverables have been appropriately addressed or mitigated.

b. Clarify the extent of information that can be requested by the City from a supplier or third parties to verify, clarify or supplement the information in a supplier’s proposal response submitted to a negotiated request for proposal, when evaluating technical proposals and / or undertaking negotiations.

10. City Council request the Chief Procurement Officer to provide more guidance to client divisions on “value-added services” to be included in suppliers’ technical proposal content requirements and evaluation criteria contained in negotiated request for proposal solicitation documents, to ensure the City is clear and consistent when communicating to suppliers what it is willing to negotiate and the range of alternatives it is willing to consider through proposals of “value-added services”, (including through addenda containing questions and answers and in examples of value-added services provided within technical proposal forms).

11. City Council request the Chief Procurement Officer to provide guidance and / or training to staff to make negotiated request for proposal process rules as clear as possible, and avoid or clarify process steps that may be interpreted inconsistently or cause supplier confusion.

12. City Council request the Chief Procurement Officer, in consultation with the City Solicitor, to review procurement policies and procedures and integrate additional procedural guidance specific to the implementation of more flexible, non-binding procurement methods (e.g., negotiated requests for proposals).

13. City Council request the City Manager, in consultation with the City Solicitor, to review Toronto Municipal Code Chapter 195, Article 10, as well as the Pre-Award and Post-Award Bid Dispute Procedure, to make recommendations to City Council regarding changes to address or clarify the circumstances or criteria where an alternate senior City Official should be designated to review pre- or post- award bid disputes.

14. City Council request the City Manager to ensure the review of Toronto Municipal Code Chapter 195, Article 10, as well as the Pre-Award and Post-Award Bid Dispute Procedure, to take into consideration any outcomes or recommendations related to the City Council-directed review of the potential for an Inspector General for the City of Toronto.

15. City Council request the Chief Procurement Officer to implement a policy or procedure which establishes the criteria for engaging an independent fairness consultant to monitor a procurement process. Documentation should be retained on file to support why a fairness consultant is or is not engaged before the issuance of such procurements.

16. City Council request the Chief Procurement Officer to provide guidance for client divisions to:

a. Review, document, and retain in the solicitation file the reasons for significant variances between pre-solicitation estimates and actual contract values.

b. Establish a baseline or perform a cost-benefit analysis when changing the sourcing strategy, procurement approach, or contracting model to better assess the actual outcomes achieved on new contracts.

Tara Anderson, Auditor General, gave a presentation on A Review of the Procurement and Award of the Winter Maintenance Performance-Based Contracts.

In December 2021, City Council approved the award of nearly $1.5 billion in contracts to provide winter maintenance services in 11 geographically based contract areas, over a 10-year term (i.e., seven years plus three optional renewal years). The five suppliers awarded contracts were selected through a negotiated request for proposals (NRFP) process.

When it approved the award of the winter maintenance contracts, City Council also added a review of the City’s NRFP process to the Auditor General’s 2022 Work Plan.

This report presents the results of the Auditor General’s review of the procurement and award of the winter maintenance performance-based contracts. The objective of this audit was to assess whether the City’s NRFP procurement process for the provision of winter maintenance services was conducted in a fair, open, and transparent manner, specifically:

·       Negotiated Request for Proposal Doc2970598171 (NRFP1)

·       Negotiated Request for Proposal Doc3136860258 (NRFP2)

·       Non-Competitive Procurement (NCP)

The timeframes established for the issuance of the call document, evaluation of proposals, negotiations, and award, were based on a single NRFP being sufficient. Many of the challenges related to this procurement likely arose from the unexpected need for a second NRFP process (and subsequent non-competitive procurement).

Taking into consideration the atypical circumstances surrounding this procurement, we conducted this review of the two NRFPs and NCP through the lens of identifying lessons learned and opportunities for continuous improvement for NRFPs going forward. For example,

·       Going forward, before adopting large-scale changes to its procurement and contracting approach for services, the City should consider testing out changes on a smaller scale and making adjustments based on the outcomes and lessons learned, where necessary. Overlapping procurements should also be avoided.

·       A key to successful performance-based contracting is conducting an effective evaluation of the suppliers’ ability to deliver required services during the procurement process. Based on our review of evaluation guidelines and records, we identified areas where more guidance and training can be provided to improve the evaluation of suppliers’ past experience and operational capability.

·       The flexible, non-binding NRFP format is an important tool that can allow the City to request and consider relevant information that supports the success of the contracts awarded through the procurement. Going forward, the City should ensure NRFPs solicit enough information to assess key risks impacting suppliers’ capability to meet its requirements.

·       As a result of our audit, we identified several procurement-related policies and procedures that should be clarified or strengthened, particularly taking into consideration the impact of the non-binding/flexible NRFP format.

The 16 recommendations in this report focus on continuous improvement and reinforcing and supporting the City’s ongoing efforts to make NRFP process rules, technical proposal requirements, and evaluation criteria clearer, with the goal of keeping as many suppliers as possible through all stages of evaluation and achieving the best possible outcomes and value for the City.

The Audit Committee recommends that:  

1. City Council request the General Manager, Transportation Services Division to ensure all substituted equipment have been approved through the appropriate change order process, and ensure in future years, where the contractor requests the use of substitute equipment, that the Division ensures that the proposed rate is reflective of existing contract pricing, or if no existing contract pricing is applicable, comparable contract pricing for what the equipment can deliver.

2. City Council request the General Manager, Transportation Services Division to make the necessary updates to the Winter Maintenance Contract Administration Manual, provide continuing training, and ensure consistent and ongoing compliance over the duration of the contracts to ensure:

a. Staff verify that equipment is at the designated City Depot in accordance with the contracted mobilization and demobilization dates for every winter season and retain sufficient and appropriate records of such verification;

b. Staff appropriately determine instances where liquidated damages should apply and retain sufficient and appropriate records to support the Division’s application of liquidated damages; and

c. Staff perform the required field audits and retain sufficient and appropriate documentation of their observations to support the Division’s application of price adjustments.

3. City Council request the General Manager, Transportation Services Division to ensure activations for each winter event are accurately captured electronically to support monitoring contractor compliance with contract requirements on equipment activations and mobilizations.

4. City Council request the General Manager, Transportation Services Division to implement a process to ensure all contractor deficiencies related to winter maintenance services are captured in a timely manner in a central system that facilitates monitoring effective contractor performance.

Tara Anderson, Auditor General, Ina Chan, Deputy Auditor General, Ruchir Patel, Senior Audit Manager, Barbara Gray, General Manager, Transportation Services Division, and Vincent Sferazza, Director, Transportation Operations and Maintenance, gave presentations on Winter Maintenance Program Follow-Up: Status of Previous Auditor General’s Recommendations and Processes to Hold Contractors Accountable to New Contract Terms.

Contracted winter maintenance services are part of the City’s snow and ice management plan that is designed to prioritize the safety and mobility of all road, sidewalk, cycle, and path users. Nearly $1.5 billion in winter maintenance contracts (over a 10-year term) were awarded in December 2021.

This follow-up report addresses City Council’s December 2021 decision for the Auditor General to review the terms of the new winter maintenance contracts (2022-2032) against previous recommendations, and to review current Transportation Services' contract management processes to hold winter maintenance contractors accountable to the contract terms.

This report also provides the status of recommendations from two previous Auditor General’s reports on the City’s winter maintenance program:

1. Audit of Winter Road Maintenance Program - Phase One: Leveraging Technology and Improving Design and Management of Contracts to Achieve Service Level Outcomes (October 2020)

2. Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources (June 2021)

The 26 recommendations in the Auditor General's 2020 and 2021 reports were made in the context of the previous (2015-2022) winter maintenance contracts. In our current follow-up review, we assessed whether management’s actions, in the context of the new (2022-2032) contracts, addressed the intent of the previous recommendations – to improve the efficiency and effectiveness of contract management and divisional processes designed to hold contractors accountable to the contract terms.

During our follow-up, we verified that 10 recommendations have been fully implemented and one recommendation is no longer applicable in the context of the new (2022-2032) contracts. Management is continuing work to implement 15 recommendations (in the context of the new winter maintenance contracts).

The report in Attachment 1 provides the Audit Committee and members of City Council with the detailed results of our follow-up and management's action plan for recommendations that are not yet fully implemented.

The report also details lessons learned from the first winter season (2022/23) of the new contracts (2022-2032) for Transportation Services to continue working on as they implement more robust processes, tools, and reporting, in advance of the second winter season. Our findings are summarized in the following three areas:

A. Strengthening processes to consistently enforce payment criteria and apply liquidated damages

B. Ensuring robust monitoring of contractor performance

C. Continuing to implement systems and tools to improve efficiency and effectiveness of contract management

Our report includes four new recommendations to highlight areas for continuous improvement when administering the current contracts going forward. Management has agreed to all four recommendations and management's response to these additional four recommendations is included in the report.

The Audit Committee recommends that:  

1. City Council request the Executive Director, Housing Secretariat, through the Executive Steering Committee for site selection, to:

a. Perform subsurface investigation and due diligence on land / soil and infrastructure and servicing constraints prior to the final decision on site selection;

b. Obtain from the Corporate Real Estate Management Division a cost-estimate analysis of site remediation to be included in the development of site budgets; and

c. Provide the above information to the proponents in the request for proposal (or to the contractor early on in the project) to facilitate a more accurate price quote and project cost estimate.

2. City Council request the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management Division, in the budget development process for future modular housing projects, to:

a. Conduct a review to understand all cost elements (construction and non-construction) that would be expected to be incurred in preparing a site ready for operation;

b. Include the above cost elements for budget development;

c. Document assumptions used for the estimated budget numbers; and

d. Clearly define which party is responsible for managing each cost item within the budget.

3. City Council request the Executive Director, Housing Secretariat to ensure the re-zoning is in effect before beginning construction of future modular units, to reduce the risk of potential delays and additional costs related to storage, transportation, and other costs that may be incurred in trying to re-purpose or sell the modules.

4. City Council request the Executive Director, Housing Secretariat to continue to discuss and negotiate with funding provider(s) more reasonable timelines for future modular housing projects.

5. City Council request the Executive Director, Housing Secretariat to improve reporting processes and transparency in the budget development process by submitting:

a. An updated site-specific budget to City Council at the time of site selection, after conducting the necessary due diligence work, and in compliance with any funding agreements executed between the City and other orders of government or funder(s); and

b. For City Council’s approval, any financially material request(s) to increase the budget by modular housing project site and the rationale for the additional budget request(s).

6. City Council request the Executive Director, Housing Secretariat to report to City Council regularly on the progress of the modular housing projects. Such reports are to include, but not be limited to:

a. Comparison of original timeline and actual schedules, with explanations for significant delays;

b. Actual final costs for completed sites and projected costs for ongoing sites, compared with initial budgets, with explanations for any significant variances; and

c. Details of funding being allocated or reallocated to cover the additional costs.

7. City Council request the Executive Director, Housing Secretariat, in conjunction with the Executive Director, Corporate Real Estate Management Division and the Chief Executive Officer, CreateTO, to:

a. Clarify in writing, the roles and responsibilities for each of the parties involved in the modular housing project management process, ensuring they are clearly understood; and

b. Develop and implement a process to ensure consistent financial data is shared and used by all parties for reporting purposes of modular housing projects.

8. City Council request the Executive Director, Housing Secretariat to revise the financial system coding (i.e. cost centres) to assign future budget and actual costs by site, in order to reflect the accurate budget and most up-to-date costs in the financial system.

9. City Council request the Executive Director, Housing Secretariat in conjunction with the Executive Director, Corporate Real Estate Management Division to conduct a thorough review and reconciliation of existing costs in the system to ensure all costs incurred to date for Phase One and Phase Two modular housing projects have been captured and allocated to the correct accounts.

10. City Council request the Executive Director, Housing Secretariat to:

a. Develop and implement a process for cost recording of modular housing projects to ensure all future costs (including all hard and soft costs) are captured and allocated to the correct site-specific cost centre and cost account;

b. Perform timely and regular cost allocation to site-specific cost centres for future invoices that contain costs for multiple sites; and

c. Develop a process to review the entries booked by other divisions in the financial system to ensure their accuracy and completeness.

11. City Council request the Executive Director, Housing Secretariat to develop formal policies and procedures and reporting templates for the purpose of tracking actual expenditures against initial budgets on a line-by-line basis (e.g. permit fees, manufacturing costs), on a project site basis and on an overall project basis.

12. City Council request the Executive Director, Corporate Real Estate Management Division, in consultation with the Executive Director, Housing Secretariat, to ensure consistent compliance with the new change order process for all future modular housing projects by finalizing the development of the change control process and protocols, and including the following steps:

a. Complete the negotiation of change order work on a timely basis and ensure work is not started until the Executive Director, Corporate Real Estate Management Division approves the change order request;

b. Obtain and review supporting documents from the contractor for each change order and require approval of change orders before payment is made; and

c. Clearly define the roles and responsibilities of the third-party contractor, if one is employed as the Payment Certifier or Contract Administrator on behalf of the City for both payment certification and the review and approval of change orders.

13. City Council request the Executive Director, Corporate Real Estate Management Division for Phase Two and future modular housing projects to:

a. Develop and implement a process to review the process payment invoice to ensure it is accurate and reflects the updated work progress;

b. Verify work progress through on-site inspections and document the review; and

c. Ensure all file review questions and comments are adequately addressed, documented and retained.

14. City Council request the Executive Director, Corporate Real Estate Management Division, in consultation with City Legal Services, to:

a. Assess whether the project management fees and markups were reasonably charged;

b. Seek to recover any overpayment, if the project management fees and markups are not reasonably charged by the contractor; and

c. Assess whether there is a need to amend future contracts for project management fees and change order markups in order to provide clarity on interpretation.

15. City Council request the Executive Director, Corporate Real Estate Management Division, in consultation with Chief Procurement Officer, for Phase Three and future modular housing projects to:

a. Implement a vendor performance management process to address the unique requirements of modular housing projects;

b. Summarize a list of key performance requirements and deliverables from the modular housing contracts;

c. Monitor and evaluate the contractor’s performance and quality of design and manufacturing throughout and after the completion of the project; and

d. Identify, document, and resolve any contractor performance, design, and manufacturing issues.

16. City Council request the Executive Director, Corporate Real Estate Management Division, in consultation with the Executive Director, Housing Secretariat, to finalize its project management processes, including but not limited to project cost tracking, progress payment invoice review, project close-out and contractor performance monitoring, and ensure compliance with those processes.

17. City Council request the Executive Director, Housing Secretariat, in conjunction with the Executive Director, Corporate Real Estate Management Division, and Chief Executive Officer, CreateTO, to develop, implement and comply with a standard file documentation and retention policy for the program, aligned with the City’s policy on record retention. The policy should specify documents to be created and retained (and retention length), especially for any information supporting significant decisions made during the process.

18. City Council request the Executive Director, Corporate Real Estate Management Division, in consultation with the Executive Director, Housing Secretariat, to develop a warranty management process, including actively monitoring any event(s) of repairs and damages on the modular housing buildings after building occupancy.

19. City Council request the Executive Director, Housing Secretariat to conduct and document on a timely basis, a more formalized lesson learned review after each modular housing project is completed, which should include:

a. Inputs from all participating divisions of the project team;

b. A review of contract design, procurement of the contractor, cost and budget management, contractor performance, and operations; and

c. A consideration of lessons learned from past projects.

20. City Council request the Executive Director, Housing Secretariat to analyze and determine if it is more cost effective and quicker to build using modular construction, when compared with traditional methods, by:

a. Tracking and monitoring overall costs, including the long-term maintenance and capital cost requirements of completed modular housing; and

b. Obtaining more external benchmarking information as it becomes available.

Tara Anderson, Auditor General, Ariane Chan, Assistant Auditor General, and Abigail Bond, Executive Director, Housing Secretariat, gave presentations on City of Toronto's Modular Housing Initiative: The Need to Balance Fast Delivery with Stronger Management of Contracts and Costs.

The Auditor General’s 2022 Work Plan included a review of the City's Modular Housing Initiative.

Modular housing units are a type of prefabricated, permanent housing that are constructed in a factory and then transported and assembled onsite. Modular housing represents an innovative opportunity to respond rapidly to Toronto’s urgent homelessness situation and to reduce pressure on the City’s shelter system.

In April 2020, as an urgent response to the housing need for people experiencing homelessness, particularly during the COVID-19 pandemic, and to expedite action under the HousingTO Plan, City Council directed City staff to launch the Modular Housing Initiative to create 250 new modular supportive homes as quickly as possible.

Our report draws attention to opportunities for the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management Division and the CEO, CreateTO to strengthen controls over modular housing contracts and costs, as well as enhance the quality of reporting to City Council, by:

A. Better Project Planning Before Budget Preparation

B. Strengthening Tracking, Monitoring, and Reporting of Project Costs

C. Establishing Contract Management Policies and Procedures

D. Strengthening Documentation of the Procurement Process

E. Better Information and Analysis to Assess Overall Program Effectiveness

The Audit Committee recommends that:

1. City Council direct that the confidential information contained in Confidential Attachments 1 and 2 to the report (June 26, 2023) from the Auditor General remain confidential in its entirety, as it involves the security of property belonging to the City or local boards.

This report provides the results of our follow-up of selected recommendations for the first half of 2023, and a high-level summary of outstanding recommendations for all City divisions and its agencies and corporations. Since inception (January 1999) to May 31, 2023, the Auditor General has verified 83[1] per cent of recommendations as fully implemented or no longer applicable.

The Auditor General follows up on the status of outstanding recommendations from her audits, investigations, and other reports on an ongoing basis to ensure management has taken adequate action. Implementing the Auditor General’s recommendations lead to various benefits, such as, improved controls and more effective and efficient delivery of programs and services for the City. The resulting financial and non-financial impacts are reported in the Auditor General’s Annual Report.

As of February 28, 2023, there were 694 outstanding recommendations[2] and management reported 356 of them as fully implemented. We selected 128 recommendations management reported as fully implemented for review. Our follow-up focused on the following divisions that had a larger number of high priority recommendations:

·       Shelter, Support and Housing Administration / Housing Secretariat

·       Parks Forestry and Recreation

·       Transportation Services

·       Corporate Real Estate Management

·       Toronto Fire Services

We concluded that of the 128 recommendations, 83 are fully implemented, 38 are not fully implemented, and 7 are no longer applicable (Figure 1). These recommendations are listed in Attachment 1.
 

(See Figure 1 titled "Status of Outstanding Auditor General Recommendations"),

in the Summary section of the report dated June 26, 2023 from the Auditor General

Recommendations which management has reported as fully implemented but are not yet verified by the Auditor General are listed in Attachment 2 and Confidential Attachment 1. We will continue to review these recommendations in future follow-up cycles focusing mainly on high-priority recommendations in order to make the most efficient use of our resources.

Recommendations that have a significant potential for savings, mitigate health and safety risks, or have been outstanding for more than five years are classified as high priority. Delays in implementing these recommendations results in the City missing out on the intended improvements in controls and more effective and efficient delivery of programs and services at the City. A total of 191 high priority recommendations that are not fully implemented are listed in Attachment 3 and Confidential Attachment 2. Management needs to expedite their implementation as more than 100 high priority recommendations have been outstanding for over five years (Figure 2).

(See Figure 2 titled "Aging of High Priority Not Fully Implemented Recommendations"),

in the Summary section of the report dated June 26, 2023 from the Auditor General

Management actions to implement recommendations have resulted in various benefits to the City. These include service efficiencies, improving controls over contracted services, as well as preventing and correcting overpaid subsidy funds. In some areas we reviewed, further action is required to fully achieve the intended benefits of the recommendations. Noteworthy results from our follow-up are discussed in detail in the Comments section below.

[1] The actual implementation rate at the date of this report may vary from this rate, when taking into account the recommendations reported by management as fully implemented that the Auditor General has not yet verified. In addition, reports published after the June 6, 2022 Audit Committee meeting to the current date are also not yet reflected in these statistics.
[2] Reports presented to the Audit Committee after the June 6, 2022 meeting are excluded from this statistic as we typically provide management an appropriate amount of time before commencing the follow-up.

The Audit Committee recommends that:  

1. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to consider developing and implementing a risk-based approach to its processes, including inspections, and assignment of more experienced staff to higher-risk projects.

2. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to enhance and strengthen building code and enforcement training for both plan review and inspection staff, including key aspects that must be reviewed when a firewall is included as part of the building design and construction.

3. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to implement controls, including training and supervisory oversight, to ensure that:

a. inspectors pass inspection stages in order; and

b. when exceptions are required to passing inspections in order and are approved by a supervisor, clearly document the reasons for moving on to subsequent inspection stages.

4. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to provide training and supervisory oversight for inspectors on when to set a time limit on requested reports from professionals, as well as reasonable expected time limits.

5. 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 better tracking of deficiencies, and also allow for builders/permit holders to access the status of their inspections, including any deficiencies that must be fixed before being passed to the next stage.

6. City Council request the Chief Building Official and Executive Director, Toronto Building Division, to implement policies, procedures and training to ensure:

a. inspectors retain all relevant plans and drawings for a project on file;

b. inspectors clearly document which plans they used for their inspection work; and

c. inspectors use the City-approved plans for their inspection work, and if also using other plans such as engineered wood drawings from a manufacturer, that they match them to the City-approved plans.

Tara Anderson, Auditor General, gave a presentation on Investigation into Allegations of Wrongdoing Regarding Building Inspections of 2 Houses.

This report summarizes an investigation into allegations of wrongdoing related to the construction of two large houses by one builder in Toronto. The complaint came to the Auditor General through the Chief Building Official (CBO) on April 20, 2021.

The complainant alleged that the builder was not constructing the houses in accordance with the permits approved by Toronto Building Division (TB) and that the builder was making changes to the houses that were not in compliance with the Ontario Building Code (OBC or Building Code or the Code). The complainant said it was possible that  inspectors were not catching these changes and was concerned that the houses, once complete, would not be safe.

In addition, the complainant also alleged that the builder was fraudulently using the project architect's credentials to make changes. The last allegation was that the builder had connections at the City of Toronto who were in some way helping the builder to bypass the regular Toronto Building plan review and / or inspection process.

The Auditor General's Office took these allegations seriously and conducted a review of the building files for the two houses, conducted more than a dozen interviews, contracted a structural forensics engineer, reviewed hundreds of documents, and conducted data analysis on building inspection information.

Regarding the allegation of the builder not constructing the houses in accordance with the approved permits, we found that the builder made changes on-site during construction at the two houses without having the changes reviewed and subsequently approved by Toronto Building staff.

Builders can make changes to the buildings they are constructing, but the Building Code Act (BCA) states that "material" changes cannot be made without approval from the Chief Building Official. A material change is not defined in the Building Code Act, but it is generally a larger or more significant change that would require approval from Toronto Building before construction occurs.

Throughout this investigation, senior inspectors, the Chief Building Official and the structural forensics consulting engineer we contracted confirmed that most of the changes made to the houses in this investigation would be considered “material”.

For this file, we determined the following for each of the allegations:

- Allegation 1 was substantiated
- We were unable to determine a conclusion for Allegation 2 due to challenges in obtaining information
- Allegation 3 was unsubstantiated
- Allegation 4 was unsubstantiated
 

More details about each allegation and our conclusions are included in the report.

Further, while conducting this investigation, the Auditor General identified several other issues. These issues are similar to some of the findings from our recent performance audit report entitled “Building Better Outcomes: Audit of Toronto Building’s Inspection Function” (the audit was being conducted at the same time as this investigation, was dated January 27, 2023 and was presented at the February 13, 2023 Audit Committee meeting). In parts of this report, we refer to our audit report for details and relevant recommendations (the audit report recommendations are also outlined in Appendix 5). The potentially wider-ranging issues we found in this investigation included:

- A risk-based approach to inspections is not used
- The importance of using powers to enforce compliance
- Material and note-worthy changes were not identified through the inspection process
- The inspection order is not always logical
- The City-approved plans are not always used for inspecting
 

Further details about each of these other issues are included in the report, along with recommendations for the Division.

The Audit Committee forwarded this Item to City Council without recommendations.

Bob Gore, Robert Gore & Associates, Chartered Professional Accountants, reporting on the Auditor General's Office of the City of Toronto - Report on the Results of Applying Specified Auditing Procedures to Financial Information Other Than Financial Statements for the Year Ended December 31, 2022, and 2021.

The Audit Committee recommends that:

1. City Council grant authority to the Auditor General to enter into an agreement in the amount of $2,852,855 excluding all applicable taxes and charges, $3,223,726 including HST and all applicable charges, $2,903,065, net of HST recoveries, with Grant Thornton LLP being the highest ranked proponent that met all the requirements of the Request for Proposal for external audit services to perform the annual financial statement audits for the years ending December 31, 2023 to 2027 inclusive for City arenas, community centres and other entities listed in Attachment 1 to the report (June 22, 2023) from the Auditor General and Chief Procurement Officer, on the terms and conditions set out in Request for Proposal Doc3872102334 and in a form satisfactory to the City Solicitor.

2. The City Manager, in consultation with the Chief Financial Officer and Treasurer, Controller, Legal Services, and Board Chairs of the City's arenas, community centres, and other entities, assess the ability for these Boards to select and have a direct engagement with their own auditors, and perform a cost-benefit analysis to consider that approach under their governance frameworks.

The purpose of this report is to advise on the results of Request for Proposal (RFP) Doc3872102334 for external audits of the annual financial statement audits for the fiscal years 2023 to 2027 inclusive for City arenas, community centres and other entities (listed in Attachment 1), and to request authority to enter into an agreement with the recommended proponent, Grant Thornton LLP.

The Audit Committee recommends that:

1. City Council receive the 2022 audited financial statements and management letters, where applicable, for the Community Centres in attachments 1 to 8 to the report (June 21, 2023) from the Auditor General for information.

2. City Council receive the 2021 audited financial statements and management letter of Scadding Court Community Centre in attachment 9 to the report (June 21, 2023) from the Auditor General for information.

The purpose of this report is to provide the Audit Committee and City Council with the 2022 audited financial statements of Community Centres and a status update on the outstanding 2022 and prior audited financial statements.

The 2022 audited financial statements for the 10 Community Centres are presented to Audit Committee after approval by their respective Boards of Management.

At this time, the audits of eight Community Centres have been completed, one was still in progress and another one had not yet started. Depending on when the remaining audits are completed, the Independent Auditor's Reports, accompanying financial statements and management control letters (where applicable) of those Community Centres will be presented at a subsequent meeting of the Audit Committee.

This report also presents the 2021 Independent Auditor's Report and accompanying financial statements and management letter for Scadding Court Community Centre.

The Audit Committee recommends that:

1. City Council receive the 2019 audited financial statements of Leaside Memorial Community Gardens Arena for information attached to the report (June 21, 2023) from the Auditor General for information.

The purpose of this report is to provide the Audit Committee and City Council with a status update on the 2022 and prior audited financial statements of Arenas.

The 2022 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 no 2022 audited financial statements available for Arenas. This is because the audits of the George Bell Arena and the McCormick Playground Arena were in progress, while the audits of the remaining six 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.

This report provides City Council with the 2019 audited financial statements for the Leaside Memorial Community Gardens Arena. The audit of the 2020 financial statements for the mentioned Arena was scheduled to start at the time of preparation of this report.

The audits of the 2021 financial statements for the Leaside Memorial Community Gardens Arena and the North Toronto Memorial Arena had not started at the time of preparation of this report.

The Audit Committee recommend that:  

1. City Council approve the 2020, 2021, and 2022 audited financial statements and management letters of the Business Improvement Areas as attached in Appendices A to DS to the report (June 22, 2023) from the General Manager, Economic Development and Culture.

The purpose of this report is to present the City of Toronto's (City) Business Improvement Areas' (BIAs) audited financial statements and management letters for approval. The below table summarizes the approval statuses associated with the BIAs' financial information:

*: In 2021, two new BIAs, Lawrence Ingram Keele BIA and Willowdale BIA, were established, and the Toronto Entertainment District BIA changed its name to the Toronto Downtown West District BIA.

The 2022 audited financial statements and management letters for 70 other BIAs are in the process of being prepared, audited, or awaiting approval of the respective BIA Boards of Management (Boards).

All of the in-scope BIAs have received an unqualified audit opinion for their financial statements. Several BIAs received audit recommendations for minor internal control and process improvements that have been accepted by the respective Boards – these audit recommendations can be found in the attached management letters (i.e. Appendices A to DS).

The Board of Health recommends that:

1. City Council receive the report (June 19, 2023) from the Medical Officer of Health for information.

The purpose of this report is to provide information on the purchase of service contracts awarded and executed by the Medical Officer of Health for 2023, according to the delegation of authority by City Council.

The Economic and Community Development Committee recommends that:

1. City Council approve a time-limited Alcohol in Parks pilot program, as outlined in Attachment 1 to the report (June 23, 2023) from the General Manager of Parks, Forestry and Recreation, from August 2, 2023 to October 9, 2023, in the following sites:

Park Name, Ward

• Eglinton Park, Ward 8 - Eglinton-Lawrence
• Earlscourt, Ward 9 - Davenport
• Dufferin Grove Park, Ward 9 - Davenport
• Campbell Avenue Playground and Park, Ward 9 - Davenport
• Dovercourt Park, Ward 9 - Davenport
• Roundhouse Park, Ward 10 - Spadina-Fort York
• Trinity Bellwoods Park, Ward 10 - Spadina-Fort York
• Christie Pits Park, Ward 11 - University-Rosedale
• Queen's Park (110 Wellesley St W), Ward 11 - University-Rosedale
• Sir Winston Churchill Park, Ward 12 - Toronto-St. Paul's
• Corktown Common, Ward 13 - Toronto Centre
• Greenwood Park, Ward 14 - Toronto-Danforth
• Riverdale Park East, Ward 14 - Toronto-Danforth
• Withrow Park, Ward 14 - Toronto-Danforth
• Monarch Park, Ward 14 - Toronto-Danforth
• Skymark Park, Ward 17 - Don Valley North
• Lee Lifeson Art Park, Ward 18 - Willowdale
• East Toronto Athletic Field, Ward 19 - Beaches-East York
• Milliken Park, Ward 23 - Scarborough North
• Neilson Park – Scarborough, Ward 25 - Scarborough-Rouge Park
• Underpass Park, Ward 13 - Toronto Centre, 29 Lower River Street
• Morningside Park, Ward 24 - Scarborough-Guildwood, 390 Morningside Avenue

2. City Council amend Toronto Municipal Code, Chapter 608, Parks, as detailed in Attachment 2 to the report (June 23, 2023) from the General Manager of Parks, Forestry and Recreation, subject to such stylistic or minor substantive changes as are deemed necessary or appropriate by the City Solicitor, to allow the time-limited pilot program described in Attachment 1 to be implemented in specified parks, as amended by Recommendation 1, above.

3. City Council direct the General Manager of Parks, Forestry and Recreation to report to the Economic and Community Development Committee on the evaluation results of the pilot in the first quarter of 2024.

In response to Council direction (2023.DM6.5), this report proposes an approach, including necessary by-law amendments, to allow responsible personal consumption of alcohol in Toronto parks on a pilot program basis from August to October 2023.

The pilot program design is based on public health guidance, public safety, operational considerations, and experiences from Canadian jurisdictions that recently implemented pilot programs. Information from Toronto Public Health is provided on the harm reduction, treatment and education programs available. The pilot will be evaluated to assess the impacts to park visitors and the surrounding community. The report recommends that staff report on the evaluation results in Q1 2024.

The parks proposed for inclusion in this pilot were arrived at in three steps. First, staff led a data-driven, technical review and generated a list of parks meeting all or most of the technical selection criteria. Next, staff reviewed the list for each City ward to short-list the most suitable pilot parks from an operational perspective. Lastly, staff met with interested councillors, to discuss the pilot and park options in their wards, leveraging councillors' local knowledge of park amenities and uses. All parks proposed for inclusion in the pilot program have been confirmed by the local councillor.

The Economic and Community Development Committee recommends that:

1.  City Council, in accordance with the City's Public Appointments Policy, appoint the following nominees to the Upper Village Business Improvement Area Board of Management set out below at the pleasure of Council, and for a term expiring at the end of the term of Council or as soon thereafter as successors are appointed:

•  Aboudi, Yacov
• Goodman Boudana, Dr. Melissa
• Wallace, Katarina

2.  City Council remove the following director from the Upper Village Business Improvement Area Board of Management set out below:

• Silano, Trina

The purpose of this report is to make changes to the Upper Village Business Improvement Area (BIA) Board of Management, in accordance with the requirements of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. The Upper Village BIA falls within two Community Council boundaries.

The General Government Committee forwarded this Item to City Council without recommendations.

The General Government Committee directed the City Manager to seek confirmation of Federal Government funding for programs for refugees and asylum seekers, including shelter provision, and to report to the July 19, 20 and 21, 2023 meeting of City Council with an update.

This report is to request authority from the General Government Committee to amend Non-Competitive Blanket Contract Number 47024284 issued to Canadian Red Cross Society for the provision of emergency services, including emergency lodging; staff and volunteers to conduct initial contact, assessment and service delivery; and subcontractor costs for security.

The Canadian Red Cross provides shelter services at a Toronto hotel site near the airport (hereafter referred to as “site”) for Ukrainian arrivals needing emergency shelter. The site currently has a block of 70 rooms. As of June 16, 2023 there are 181 individuals from 68 households at the Toronto hotel site.

On April 25, 2022, the City of Toronto issued an Emergency Non-Competitive Blanket Contract 47024284 (NCPR #WS3559160342) to Canadian Red Cross Society for these services in the amount of $5,137,629 net of Harmonized Sales Tax for the period ending June 30, 2022. This contract was then amended to extend the term to December 31, 2022. To continue to support the Ukraine response, SSHA needs to amend and extend the non-competitive blanket contract to December 31, 2023. SSHA will review the program in third quarter and fourth quarter of 2023, including options for a competitive process moving forward.

The total value of the Non-Competitive Blanket Contract amendment being requested is $10,000,000 net of Harmonized Sales Tax ($10,176,000 net of Harmonized Sales Tax recoveries), increasing the contract value from $5,137,629 net of Harmonized Sales Tax ($5,228,051 net of Harmonized Sales Tax Recoveries) to $15,137,629 net of Harmonized Sales Tax ($15,404,051 net of Harmonized Sales Tax recoveries) and extending the term to December 31, 2023.

The General Government Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), to execute a Non-Competitive Purchase Order, for a total value of $43,588 net of all taxes and charges ($44,355 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request City Council authority to enter into a non-competitive contract to pay for various escalator maintenance and repair work completed by Kone Inc. at Union Station for a total amount of $43,588 net of all taxes and charges ($44,355 net of Harmonized Sales Tax (H.S.T.) recoveries).

A non-competitive Purchase Order is needed to process payment for services performed by the vendor during the warranty period for escalators installed at Union Station. It has been determined that these services were not covered under the warranty, as the need for services were not preventable through routine maintenance, and therefore outside the scope of services the warranty covers.

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 Medical Officer of Health to negotiate and execute a non-competitive ten (10) month agreement with R Courier for the provision of courier services for the distribution and transportation of vaccine and non-medical supplies from the central warehouse facility to clinics across the City of Toronto for an amount of $500,000 net of Harmonized Sales Tax ($508,800 net of Harmonized Sales Tax recoveries), from June 1, 2023 to March 31, 2024, on terms and conditions satisfactory to the Medical Officer of Health and in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council authority to enter into a non-competitive contract with R Courier for the provision of courier services for Toronto Public Health (TPH) for the distribution and transportation of vaccine and non-medical supplies from a central warehouse facility to fixed-site and mobile clinics across the City of Toronto. The clinics provide vaccinations for COVID-19 and vaccines administered under the School Immunization Program. The contract will be for an initial period of ten (10) months from June 1, 2023 to March 31, 2024 in the total amount of $500,000 net of Harmonized Sales Tax ($508,800 net of Harmonized Sales Tax recoveries). This new contract will be a bridging contract as Toronto Public Health will be issuing a Request for Quote by the third quarter of 2023 for courier services.

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 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, in accordance with Section 195-8.5(B) of Toronto Municipal Code Chapter 195 (Purchasing), grants authority to the General Manager, Fleet Services enter into an agreement with Enterprise Rent-A-Car Canada, the highest top-ranked supplier meeting the requirements set out in Negotiable Request for Proposal (NRFP) Doc36872270278 for the supply and delivery of short-term seasonal rental services of various vehicle types on demand. The initial term of the contract will be for a period of two (2) years, commencing on October 1, 2023 to September 30, 2025, with the option to renew the contract for four (4) additional two (2) year periods, for a total potential cost of $39,962,568 net of HST recoveries ($44,376,673 including all taxes and charges, $39,271,391 net of HST) for the duration of the contract, inclusive of option renewal years, in accordance with terms and conditions as set out in the Negotiable Request for Proposal (NRFP) and any other terms and conditions satisfactory to the General Manager, Fleet Services, subject to annual Operating Budget approvals, and in a form satisfactory to the City Solicitor.

The purpose of this report is to advise on the results of Negotiated Request for Proposal (nRFP) Doc36872270278 for the non-exclusive supply and delivery of short-term rental services of various vehicle types on demand to conduct business and operations by various City divisions and to request authority for the General Manager, Fleet Services to enter into a contract with the highest ranked supplier meeting the requirements set out in the nRFP, Enterprise Rent-A-Car. The duration of the contract will be for a period of two (2) years from October 1, 2023 to September 30, 2025, with the option to renew the contract for four (4) additional two (2) year periods at the sole discretion of the General Manager, Fleet Services, and subject to annual Operating Budget approvals.

The total cost to the City of awarding this contract is $7,527,132 net of HST recoveries ($8,358,549 including all taxes and charges, $7,396,946 net of HST) for the initial term of the contract and $39,962,568 net of HST recoveries ($44,376,673 including all taxes and charges, $39,271,391 net of HST) for the full potential value of the contract, inclusive of all option renewal years.

As per the nRFP, all Agencies and Public Bodies within the Province of Ontario may Piggyback on this contract. Agencies and Public Bodies that Piggyback will receive approval from their Boards and manage the subsequent contracts independently from the City.

The General Government Committee recommends that:

1. City Council amend Municipal Code Chapter 217, Records, Corporate by establishing amendments to the body of the Chapter as set out in Attachment 1 to the report (June 22, 2023) from the City Clerk.

The purpose of this report is to amend the City's records retention by-law to establish the process to deem digitized copies as original records and enable the disposition of source physical records.

The General Government Committee recommends that:

1. City Council receive the End of Year 2022 Occupational Health and Safety Report (June 23, 2023) from the Chief People Officer for information.

This report provides information on the status of the City’s health and safety system, specifically performance for 2022 and actions and priorities to address identified hazards.

There was a 25.4% increase in the number of lost time injuries (LTIs) in 2022 relative to 2021. This increase was primarily due to workplace exposures to COVID-19. The City continually followed the guidance provided by the federal and provincial governments as well as advice provided by Toronto Public Health with respect to its pandemic response.

There was a 13.3% decrease in the number of recurrences and a 1.5% increase in the number of medical aid injuries in 2022 relative to 2021.

The overall invoiced costs related to the City's current Workplace Safety and Insurance Board (WSIB) firm number increased from $39.8 million in 2021 to $49.5 million in 2022.  This increase in costs is primarily attributed to claims for mental/emotional illnesses or disorders, followed by those attributed to firefighter cancers, and musculoskeletal disorders resulting from exertion, repetition, awkward posture and vibration/jarring.

The General Government Committee recommends that:

1. City Council receive the report (June 21, 2023) from the General Manager, Toronto Water and the Chief Procurement Officer, for information.

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 an amendment to Purchase Order Number 6050742, issued to CIMA Canada Inc. (CIMA+), for additional contract administration related to emergency repairs to raw water valves at F. J. Horgan Treatment Plant in amount of $530,503 net of all taxes and charges ($539,840 net of HST recoveries), revising the current Purchase Order value from $536,514 net of all taxes and charges ($545,957 net of HST recoveries) to $1,067,017 net of all taxes and charges ($1,085,796 net of HST recoveries).

In addition, this report advises of an amendment to Purchase Order Number 6053360, issued to WSN Construction Inc. (WSN), for the emergency repairs to the raw water valves in the amount of $1,096,113 net of all taxes and charges ($1,115,405 net of HST recoveries), revising the current Purchase Order value from $2,786,867 net of all taxes and charges ($2,835,915 net of HST recoveries) to $3,882,980 net of all taxes and charges ($3,951,320 net of HST recoveries).

Toronto Municipal Code, Chapter 195, Purchasing, defines an emergency as, “Any situation of extreme urgency brought about by unforeseeable events that makes the procurement of goods and services necessary to address an immediate risk to health, safety, security, property, the environment or other public interests of the City”.

F.J. Horgan Water Treatment Plant provides water to customers in the east end of the City and the Region of York. It produces approximately 20% of Toronto’s drinking water and employs eight (8) raw water pumps to draw water from Lake Ontario. Repairs to raw water valves are required to ensure adequate drinking water supply is available to address health and safety risks and have four (4) of the raw water pumps back in service to meet the high-capacity requirements of the summer months. During the summer months, a 50% increase in production is needed at the F.J. Horgan Water Treatment Plant and a 25% increase in production is needed for the entire system to ensure an adequate drinking water supply is available.

Additional work was authorized to proceed on an emergency basis by the General Manager, Toronto Water and Chief Procurement Officer under Chapter 195-7.1(G) of the Municipal Code. Reporting back to City Council through the General Government Committee is required in accordance with Municipal Code Chapter 195, Purchasing, Section 195-7.4(B) where the potential value of the non-competitive contract exceeds $500,000.

Through these emergency procurement activities, Toronto Water was able to expand existing contracts to include the additional and urgent work required at rates comparable to tender prices received for work of similar scope and scale.

Infrastructure and Environment Committee recommends that:

Option B - Pursuing a ban on two-stroke engine equipment

1. City Council express its support for a ban on the use of two-stroke small engine equipment in Toronto as a precaution against any adverse impacts to human health and climate.

2. City Council direct the Executive Director, Environment and Climate, the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health, and the City Solicitor, in consultation with Divisions that operate two-stroke engine equipment, to:

a. Identify the resources required to develop and implement a ban on two-stroke equipment, as outlined in Attachment 2 to the report (June 21, 2023) from the Executive Director, Environment and Climate, and any other necessary work that emerges throughout the process; and

b. If adequate resources are funded in the 2024 budget, initiate the work for City Council to enact a bylaw imposing a ban on two-stroke equipment, and report to Infrastructure and Environment Committee in 2024.

3. City Council request the Mayor to include resources to implement Option B in the report (June 21, 2023) from the Executive Director, Environment and Climate, in the 2024 Budget.

4. City Council direct the Executive Director, Environment and Climate and the Executive Director, Municipal Licensing and Standards, in cooperation with relevant Divisions and Agencies, to report back to the Infrastructure and Environment Committee by December 31, 2023 on:
 

a. Opportunities for clean transition support programs, such as a low-emission equipment lending library; and

b. Opportunities for partnerships that encourage and incent a transition to low-emission equipment, with community organizations, service providers, equipment manufacturers and / or retailers.

5. City Council direct the Executive Director, Environment and Climate and the Executive Director, Municipal Licensing and Standards to:

a. Engage residents, businesses and industry stakeholders on implementation of a ban, including provisions to ensure a feasible approach to transitioning towards alternative equipment and practices.

b. Consider the diverse needs and challenges of residents and businesses who use two-stroke engines for their own use, and commercial operators who provide services using two-stroke engine equipment, and a phased approach to the implementation of a ban based on the ability of user groups to comply.

This report responds to a request (2023.IE1.11) to report back with a plan to implement a ban on use of two-stroke engine leaf blowers, lawnmowers and other small engine equipment because of their adverse impact on air quality and human health.

To support consideration by City Council on implementing a potential ban on the use of two-stroke engines, a two-step decision making approach is being taken. This report outlines the first step, which is to seek Council direction on whether Council wishes to pursue a ban on two-stroke engines within Toronto. Subject to City Council direction and resourcing, and following consultation with residents and businesses, a second report would be brought forward to provide a detailed plan to establish, implement, enforce and encourage compliance with a ban, including a proposed bylaw.

Previous reports brought to City Council have described the impact of two-stroke engine leaf blowers on climate, air quality and health, and noise. This report provides a compendium of the City's past decisions and activities on the topic of two-stroke engine equipment.

Separately, staff have determined that each of the three approaches of climate, health and noise have not individually provided a sufficient rationale for action to be taken to ban the use of two-stroke engines. Furthermore, based on the information reviewed to date, staff have not identified a sufficient rationale from whatever combined or cumulative adverse impacts to climate and human health may exist to recommend a ban at this time. However, City Council may decide to take a precautionary approach with respect to these climate, health and noise factors and enact a ban regardless. Generally speaking, City Council has the authority to ban the use of two-stroke engine small equipment depending on the nature, scope, adoption, and implementation of the measure.

A parallel report, on the City of Toronto's corporate transition plan and feasibility assessment of phasing out gas-powered leaf blowers for municipal use, is being led by the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services and the General Manager, Fleet Services and will be brought forward to Infrastructure and Environment Committee in the first quarter 2024.

Infrastructure and Environment Committee forwarded this Item to City Council without recommendations.

Infrastructure and Environment Committee requested the General Manager, Transportation Services to report directly to the July 19, 20 and 21, 2023 meeting of City Council with recommendations on planning for an E-scooter program in the City of Toronto.

In January 2020, the province began a five-year pilot project allowing municipalities to regulate the use of electric kick-scooters (Electric kick-style scooters (e-scooters) | ontario.ca).

In 2021, Toronto chose not to partake in the pilot project, largely because of concerns raised by the disability community about e-scooters being ridden and littered on the sidewalk. As a result, e-scooters are not for rent in Toronto, and cannot lawfully be operated in public space. Nevertheless, many individuals own and use them on city streets, sidewalks, bike lanes, etc.

E scooters can offer a valuable micro mobility option that can help Torontonians get around in a congested city, and help Toronto meet its TransformTO climate goals. E-scooters are inexpensive, use very little energy, take less road space than other micro-mobility options, create no pollution at the point of use, can be used without physical effort and in virtually any clothing, and are widely considered fun to use. They can be folded and carried on transit when bikes and other “last mile” options cannot.

However, e-scooters pose serious risks to pedestrians, especially people with disabilities, particularly if they are operated and parked on the sidewalk, and they have often been operated without insurance. The city has no resources available to devote to enforcement of e-scooter compliance. There have also been a significant number of injuries to e-scooter riders, especially when riding without helmets. Toronto’s streetcar tracks and potholes pose a greater risk to e-scooters, with their comparatively small wheels and wheelbases, than they do to bicycles and larger vehicles.

Some e-scooter companies claim that, since 2021, they have developed technology that prevents their e-scooters from operating on the sidewalk, have obtained adequate insurance and have otherwise addressed these concerns. The onus of proof would be on the providers of the e-scooters, under realistic and representative Toronto conditions.

As well as many other cities around the world, several Ontario municipalities permit the use of e-scooters, including Ottawa, Durham (By-law 23-2022) and Brampton.

The Toronto Parking Authority is interested in exploring whether to add e-scooters to its very successful Bikeshare program, as some other cities have done. The opportunity to do so under the province’s 5 year pilot will expire in 2025.

Infrastructure and Environment Committee recommends that:

1. City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with Urban Forestry, to report back to the Infrastructure and Environment Committee in the fourth quarter of 2023, recommending:

a. how the City should plan and achieve streetscape and road safety improvements in areas undergoing intensification of residential use;

b. how the relevant roles and responsibilities should be allocated among City Planning, Urban Forestry and Transportation; and

c. a process for public consultation, as appropriate.

On streets undergoing conversion to residential use, such as Dupont, current streetscapes are often inadequate. They frequently feature a hostile environment for pedestrians and cyclists, with narrow or obstructed sidewalks and no street trees or seating. These features are incompatible both with Vision Zero and with TransformTO.

It is the city’s responsibility to design and achieve improved, connected and harmonious streetscapes on such streets.

However, the city currently has no coherent process to do so, and has not assigned responsibility for developing such streetscapes to any department. Nor is there a process for appropriate public consultation. Instead, the city relies on one-off improvements designed by individual developers for their particular development, and delivered by that developer for its immediate frontage. This process does not and will not deliver a consistent, connected, well-designed public realm with adequate infrastructure for pedestrians and cyclists.

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

1. City Council adopt the Official Plan Amendment 660 substantially in accordance with Attachment 2 to the report (June 19, 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, and Chapter 169, City Officials, substantially in accordance with Attachment 3 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

3. City Council delegate by-law making authority to the Chief Planner and Executive Director, City Planning and their designate for the purposes of Removal of a Holding ("H") Symbol in accordance with Recommendation 2 above.

4. 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.

5. City Council authorize the City Clerk, in consultation with the Chief Planner and Executive Director, City Planning and the City Solicitor, to review and update the City's practices for collecting and maintaining contact information for persons and organizations to facilitate the implementation of Official Plan Amendment 660 with respect to the giving of notice by email.

6. City Council direct the Chief Planner and Executive Director, City Planning to notify the local Councillor when an application to lift a Holding ("H") Symbol has been deemed complete.

The Planning and Housing Committee held a statutory public meeting on July 5, 2023, and notice was given in accordance with the Planning Act.

The recommended Official Plan Amendment (OPA 660) and amendments to Municipal Code Chapters 415 and 169 recommended in this report establish new policy tools that enable the City to better address recent changes to Zoning By-law Amendment (ZBA) decision-making timelines in the Planning Act under Bill 109, the More Homes for Everyone Act, 2022.

OPA 660 identifies four types of minor zoning by-laws that Council may choose to delegate to a committee or City official, including: Removal of a Holding ("H") Symbol, Temporary Use by-laws, amendments to incorporate lands into Zoning By-law 569-2013, and enactment of housekeeping/technical by-law amendments to the city-wide Zoning By-law. While OPA 660 establishes policy direction for all four types, at this time, staff are recommending that Council delegate Removal of a Holding ("H") Symbol to the Chief Planner.

OPA 660 also addresses alternative measures for informing and obtaining the views of the public regarding minor zoning by-laws, including streamlined notice and public meeting requirements.

The anticipated benefits of OPA 660 include reduced processing times for minor zoning by-laws that are routine and/or technical in nature. As such, application fees for certain minor zoning by-law applications may decrease. The recommended amendments also support a focus on high-value, complex zoning by-law matters at Community Councils and City Council by delegating authority for follow-on processes (e.g., removing a Holding ("H") Symbol) and housekeeping/technical matters to staff.

The Planning and Housing Committee recommends that:

1. City Council adopt Official Plan Amendment 668 in accordance with Attachment 1 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to submit the necessary Bills to City Council for enactment upon subsection 1(1) of the Planning Act, as set out in Bill 97, coming into effect.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed Official Plan Amendment 668 as may be required.

4. City Council request that the Ministry of Municipal Affairs and Housing delay the effective date of the Provincial Planning Statement until January 1, 2024 at the earliest.

The Manager, Strategic Initiatives, Policy and Analysis, City Planning gave a presentation to the Planning and Housing Committee.

The Planning and Housing Committee held a statutory public meeting on July 5, 2023, and notice was given in accordance with the Planning Act.

On April 6, 2023, the Province introduced new policy and legislative changes which include two key components: (1) Helping Homebuyers, Protecting Tenants Act, an Act to amend various statutes with respect to housing and development ("Bill 97"), and (2) the proposed Provincial Planning Statement ("PPS 2023"). Bill 97 received Royal Assent on June 8, 2023.

This is the first of two reports that respond to the Planning Act changes within Bill 97 and Official Plan Amendments required to implement these changes. This report responds to the transition provisions introduced in the new Planning Act subsections related to "areas of employment", while the second report is related to the revised Planning Act definition for "area of employment". The second report is targeted for Planning and Housing Committee in the Fall 2023.

The new definition for “area of employment” will come into force on a day to be named by proclamation of the Lieutenant Governor. It is staff's understanding that the Province will bring these Planning Act changes into force on the same date that  the PPS 2023 comes into effect. It is anticipated that these changes will take effect in Fall 2023. This report recommends that Council request that the Province delay the date the PPS 2023 comes into effect until January 1, 2024 (at the earliest), to provide the City with sufficient time to make the necessary Official Plan amendments.

Bill 97 amends the definition of "area of employment" to expressly exclude institutional uses and commercial uses, including retail and office uses that are not associated with manufacturing, research and development in connection with manufacturing, warehousing, and goods movement.

The proposed exclusion of uses in the revised Planning Act definition would have significant implications for much of the City's General Employment Areas and Core Employment Areas, in particular:

· It is estimated that the revised definition has the potential to remove approximately 25% of the City's General Employment Areas (including office parks) and risk approximately 150,000 jobs currently located in these areas through future land use change.

· Many of the parcels of land with uses that would be excluded from the definition are located in General Employment Areas, which often act as a buffer between sensitive land uses (i.e., residential, institutional, etc.), and Core Employment Areas, which often include heavier industrial uses. A buffer between these uses helps to ensure that adverse effects are avoided due to land use incompatibility and that Core Employment Areas remain economically viable.

The Planning Act changes provide a transition provision that would authorize municipalities to implement Official Plan policies that would permit the continuation of uses excluded by paragraph 2 of the new definition (commercial and institutional uses), in Employment Areas, so long as the use was lawfully established before the definition came into force. Implementing such Official Plan policies would ensure that parcels of land with uses not included in the new definition can continue to be deemed as an "area of employment" and, as such, would remain subject to employment area conversion policies.

This report recommends that Council adopt Official Plan Amendment 668 to authorize the continuation of institutional and commercial uses expressly excluded by paragraph 2 of the new definition that were lawfully established the day before the relevant Planning Act changes comes into effect.

The Planning and Housing Committee recommends that:

1. City Council amend Attachment 1 (Official Plan Amendment 653) of the Supplementary report (June 29, 2023) from the Chief Planner and Executive Director, City Planning in accordance with Attachment 1 to motion 3a adopted by Planning and Housing Committee, as follows:

a. converting a portion of the lands known in 2022 as 1774 and 1760 Ellesmere Road from General Employment Areas to Mixed Use Areas by removing the converted lands from Official Plan Map 2, Urban Structure;

b. re-designating the portion of the lands illustrated as “Area A” from General Employment Areas to Mixed Use Areas; and

c. adding Site and Area Specific Policy 851.

2 . City Council amend Attachment 1 (Official Plan Amendment 653) of the Supplementary report (June 29, 2023) from the Chief Planner and Executive Director, City Planning in accordance with Attachment 1 to motion 5b adopted by Planning and Housing Committee, as follows:
 

a. converting a portion of the lands known in 2022 as 2270 Morningside Avenue from General Employment Areas to Mixed Use Areas by removing the converted portion from Official Plan Map 2, Urban Structure;

b. re-designating a portion of the lands illustrated as “Area A” from General Employment Areas to Mixed Use Areas; and

c. adding Site and Area Specific Policy 852 to Chapter 7.

3. City Council amend Attachment 1 (Official Plan Amendment 653) of the Supplementary report (June 29, 2023) from the Chief Planner and Executive Director, City Planning in accordance with Attachment 1 to motion 5d adopted by Planning and Housing Committee, as follows:

a. converting a portion of the lands illustrated as “Area A” known in 2022 as 1455-1457 McCowan Road and 41-47 Milner Avenue from General Employment Areas to Regeneration Areas by removing the lands from Official Plan Map 2, Urban Structure;

b. re-designating a portion of the lands illustrated as “Area A” from General Employment Areas to Regeneration Areas; and

c. adding Site and Area Specific Policy 850 to Chapter 7.

4. City Council amend Attachment 1 (Official Plan Amendment 653) of the Supplementary report (June 29, 2023) from the Chief Planner and Executive Director, City Planning in accordance with Attachment 1 to motion 5e adopted by Planning and Housing Committee, as follows:

a. converting the lands known in 2022 as

• 4711, 4723, 4733, 4751 Steeles Avenue East,
• 681 Silver Star Boulevard,
• 29 Redlea Avenue, 2901-2913, 3447 Kennedy Road,
• 3266, 3280, 3290, 3330, 3360 Midland Avenue,
• 50, 70 Silver Star Boulevard,
• 4016, 4020, 4040, 4140, 4186-4190 Finch Avenue East,
• 21 Trojan Gate, and 15-19 Milliken Boulevard

from General Employment Areas and Core Employment Areas to Regeneration Areas by removing the lands from Official Plan Map 2, Urban Structure.

b. re-designating the lands from General Employment Areas to Regeneration Areas; and

c. adding Site and Area Specific Policy 853 to Chapter 7. 

5. City Council adopt Official Plan Amendment 653 substantially in accordance with Attachment 1 to the Supplementary report (June 29, 2023) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 1, 2, 3 and 4 above.

6. City Council authorize the Chief Planner and Executive Director, City Planning to seek approval of the Minister of Municipal Affairs and Housing of Official Plan Amendment 653 under Section 26 of the Planning Act.

7. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 653 as may be required.

8. City Council declare by resolution to the Minister of Municipal Affairs and Housing that Official Plan Amendment 653 conforms with Provincial Plans or does not conflict with them; has regard to the matters of Provincial Interest in Section 2 of the Planning Act; and is consistent with policy statements issued under subsection 3(1) of the Planning Act.

9. City Council request that the Minister of Municipal Affairs and Housing review OPA 653 under the current in effect Provincial Policy Statement 2020 and Growth Plan for the Greater Golden Horseshoe 2020.

10. City Council declare that the Municipal Comprehensive Review (MCR) is concluded, except as it pertains to the following parcels of land:

• 388 Carlaw Avenue and 10 Dickens Street;
• Conversion Request 041 for 21 Don Roadway, 30 Booth Avenue, and 375 & 385 Eastern Avenue (East Harbour lands);
• Conversion Request 114 for 301 Rockcliffe Boulevard; and
• Conversion Request 070 for 825 Don Mills Road.

11. City Council instruct the City Solicitor to request that the Ontario Land Tribunal (OLT) modify Official Plan Amendment No. 231 by removing Site and Area Specific Policy numbers 154 and 313, which are currently not in force, as they apply to all of the lands subject to the Site and Area Specific Policies except for those lands subject to Site-Specific Appeal No. 121 of Official Plan Amendment No. 231 and known as 393 Sorauren Avenue and 1947 Dundas Street West and take any further actions necessary to avoid inconsistent decisions by the Minister with respect to OPA 653 and the OLT with respect to outstanding appeals of OPA 231, where appropriate.

12. City Council request that the decision of the Minister of Municipal Affairs and Housing on the portion of Official Plan Amendment No. 653 pertaining to the sections G), H), and I) – for In Force Chapter 7 SASP No.154, Site and Area Specific Policy Review, be withheld until the OLT has modified Official Plan Amendment No. 231 by removing SASP numbers 154 and 313, as they apply to all of the lands subject to the Site and Area Specific Policies except for those lands subject to Site-Specific Appeal No. 121 of Official Plan Amendment No. 231 and identified above in Recommendation 11.

13. City Council request the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, in consultation with the Chief Executive Officer, CreateTO and appropriate staff to explore the feasibility of identifying surplus City owned land close to the Milliken Employment Area for the purposes of land transactions to facilitate seniors' affordable housing and report to the October 30, 2023 meeting of the General Government Committee.

The Planning and Housing Committee held a special public meeting on July 5 2023, and notice was given in accordance with the Planning Act.

This report is the third in a series of Final Reports that provide staff recommendations on Employment Area conversion requests as part of the Municipal Comprehensive Review (MCR) of the Official Plan.

In 2022, Toronto’s Employment Areas are home to over 21,600 establishments employing over 390,000 people (27% of all jobs in the city). Businesses within our Employment Areas create about 27% of the City’s estimated 2021 GDP of $195.7 billion and contribute about 12% of all property taxes paid in the City (municipal and education taxes). This report also highlights the social and economic role that Employment Areas play in the health and growth of the city, given the role that they play in supporting Toronto’s diverse economic base and providing jobs with living wages for Toronto’s diverse labour pool.

Council authorized the commencement of the Municipal Comprehensive Review (MCR) and Growth Plan Conformity Exercise known as "Our Plan Toronto", on August 4, 2020. As part of the MCR, the City Planning received approximately 150 requests to convert lands designated Core Employment Areas or General Employment Areas in the Official Plan for non-employment uses, including some of which were City-initiated. 

This third report provides a fulsome overview of the planning context for Employment Area policies, recent decisions impacting Employment Areas and provides final recommendations on 70 conversion requests. The MCR and recommended Official Plan amendments are considered under Section 26 of the Planning Act, where the Minister of Municipal Affairs and Housing is the approval authority. The Minister’s decisions are not subject to appeal to the Ontario Land Tribunal unless the Minister refers all or part of the amendments to the Tribunal. The Minister has been reviewing OPA 591 since August 9, 2022 and suspended the 120-day time period to make a decision on the Council adopted 30+ conversion requests. To date, the City has yet to receive a decision on OPA 591.

On June 16, 2023, Council considered final recommendations on 45 conversion requests, including six which were recommended for conversion. To implement the recommended conversions, Council adopted OPA 644 which staff will forward to the Ministry of Municipal Affairs and Housing for approval.

This Final Report recommends Council retain most of the lands subject to these 70 conversion requests listed in Attachment 2 of this report as either Core Employment Areas or General Employment Areas. Staff recommended Employment Area conversions in this report are implemented through draft Official Plan Amendment 653 listed as Attachment 1 to this report.

This report is to be considered at a Special Public Meeting under Section 26 of the Planning Act regarding the City's phased Official Plan and Municipal Comprehensive Reviews.

This Supplementary Report recommends revisions to the Final Report – Recommendations on Seventy Employment Area Conversion Requests and Chapter 7 Site and Area Specific Policy Review as a result of an appellant’s withdrawal of Site-Specific Appeal No. 67 of Official Plan Amendment No. 231, after the date of this Final Report. The site subject to the withdrawal (388 Carlaw Avenue and 10 Dickens Street) requires revisions to the original staff recommendations and Attachment 1 to the Final Report (draft Official Plan Amendment No. 653). This Supplementary Report restates all staff recommendations, including the revised recommendations.

This Supplementary Report is to be considered at a Special Public Meeting under Section 26 of the Planning Act regarding the City's phased Official Plan and Municipal Comprehensive Reviews.

The Planning and Housing Committee recommends that:

1. City Council approve the grant awards for the 2023 Toronto Heritage Grant Program for the following 10 heritage properties, to assist grant recipients in funding the scope of conservation work generally described in Attachment 1 of the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

12 Alpha Avenue

134 First Avenue

46 Rose Avenue

27 Madison Avenue

8 Draper Street

400 Passmore Avenue

73 Simcoe Street

34 Beaconsfield Avenue

270 Gladstone avenue

292 Annette Street.

2. City Council direct that the use of the grant awards outlined in Recommendation 1 above of the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning be limited to only the conservation work approved by the Chief Planner and Executive Director, City Planning, and that the issuing of the grant award be subject to the grant recipient satisfying all conditions as set out in the Letter of Understanding between the City and the grant recipient.

This report recommends the approval of ten grants totalling $317,000.00 under the Toronto Heritage Grant Program. The recommended recipients will generate approximately $611,406.32 in private investment for work to conserve irreplaceable cultural heritage resources that contribute to the City's social and economic prosperity by maintaining Toronto's unique sense of place.

The Toronto Heritage Grant Program provides matching grant funds for eligible heritage conservation work on residential properties or tax-exempt properties in the City of Toronto designated under Part IV or V of the Ontario Heritage Act (OHA). Applicants may receive a grant once every five years for up to 50% of the cost of eligible conservation work. Owners of house form buildings may receive up to $10,000.00 or, if replacing an entire cedar or slate roof assembly, up to $20,000.00 every ten years.

Owners of non-house form buildings and any tax-exempt properties including house form buildings may be eligible for a grant equivalent to 50% of the cost of eligible conservation work, with no maximum limit.

The Toronto Heritage Grant Program has a budget of $317,000.00 in the City Planning 2022 Operating Budget and is administered by Heritage Planning, City Planning.

The properties that have been recommended for a grant award vary in size and location across Toronto. Several grant projects are at residential properties located in Heritage Conservation Districts (HCDs), including properties located within the Cabbagetown North, Riverdale, West Annex and Draper Street HCDs. In addition, there are a few notable Part IV-designated properties benefitting from heritage grants this year, including the St. Anne's Anglican Church, Armadale Free Methodist Church, The Heintzman House and the St. Andrew's Church Manse. 

Due to the high demand for funding assistance, which exceeded the program budget, two projects are not being recommended for the full amount of the grant request. Of the 11 applications for funding, 10 were recommended for approval in whole or part and one was not recommended as the proposed works were deemed not to qualify in accordance with the rules of the Toronto Heritage Grant Program.

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.10 and made recommendations to City Council.

Summary from the report (May 31, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends the approval of ten grants totalling $317,000.00 under the Toronto Heritage Grant Program. The recommended recipients will generate approximately $611,406.32 in private investment for work to conserve irreplaceable cultural heritage resources that contribute to the City's social and economic prosperity by maintaining Toronto's unique sense of place.

The Toronto Heritage Grant Program provides matching grant funds for eligible heritage conservation work on residential properties or tax-exempt properties in the City of Toronto designated under Part IV or V of the Ontario Heritage Act (OHA). Applicants may receive a grant once every five years for up to 50% of the cost of eligible conservation work. Owners of house form buildings may receive up to $10,000.00 or, if replacing an entire cedar or slate roof assembly, up to $20,000.00 every ten years.

Owners of non-house form buildings and any tax-exempt properties including house form buildings may be eligible for a grant equivalent to 50% of the cost of eligible conservation work, with no maximum limit.

The Toronto Heritage Grant Program has a budget of $317,000.00 in the City Planning 2022 Operating Budget and is administered by Heritage Planning, City Planning.

The properties that have been recommended for a grant award vary in size and location across Toronto. Several grant projects are at residential properties located in Heritage Conservation Districts (HCDs), including properties located within the Cabbagetown North, Riverdale, West Annex and Draper Street Heritage Conservation Districts. In addition, there are a few notable Part IV-designated properties benefitting from heritage grants this year, including the St. Anne's Anglican Church, Armadale Free Methodist Church, The Heintzman House and the St. Andrew's Church Manse. 

Due to the high demand for funding assistance, which exceeded the program budget, two projects are not being recommended for the full amount of the grant request. Of the 11 applications for funding, 10 were recommended for approval in whole or part and one was not recommended as the proposed works were deemed not to qualify in accordance with the rules of the Toronto Heritage Grant Program.

The Planning and Housing Committee recommends that:

1. In consideration of the objection pursuant to the Ontario Heritage Act, City Council continue to include the property at 87 Boston Avenue on the City of Toronto's Heritage Register.

2. In consideration of the objection pursuant to the Ontario Heritage Act, City Council continue to include the property at 749-753 Broadview Avenue on the City of Toronto's Heritage Register.

3. In consideration of the objection pursuant to the Ontario Heritage Act, City Council remove the property at 685 Danforth Avenue from the City of Toronto's Heritage Register.

This report responds to notices of objection received by the City of Toronto under Section 27 (7) of the Ontario Heritage Act (the "OHA") from property owners objecting to the inclusion of their properties on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the OHA to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the final quarter of 2022 and the first quarter of 2023 the City received three notices from property owners objecting to the inclusion of five properties on the Heritage Register.

87 Boston Avenue

749 Broadview Avenue

751 Broadview Avenue

753 Broadview Avenue

685 Danforth Avenue

Following a review of the objections to listing submitted for these properties, staff are of the opinion that the properties at 87 Boston Avenue and 749-753 Broadview Avenue hold cultural heritage value. Staff recommend that Council continue to include these properties on the Heritage Register.

Following a review of the objection to listing for 685 Danforth Avenue, including an assessment of information not available during the initial listing process, staff are of the opinion that the property at 685 Danforth Avenue does not hold cultural value. Staff recommend that Council remove the property from the Heritage Register.

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.8 and made recommendations to City Council.

Summary from the report (May 26, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report responds to notices of objection received by the City of Toronto under Section 27 (7) of the Ontario Heritage Act (the "OHA") from property owners objecting to the inclusion of their properties on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the OHA to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the final quarter of 2022 and the first quarter of 2023 the City received three notices from property owners objecting to the inclusion of five properties on the Heritage Register.

87 Boston Avenue

749 Broadview Avenue

751 Broadview Avenue

753 Broadview Avenue

685 Danforth Avenue

Following a review of the objections to listing submitted for these properties, staff are of the opinion that the properties at 87 Boston Avenue and 749-753 Broadview Avenue hold cultural heritage value. Staff recommend that Council continue to include these properties on the Heritage Register.

Following a review of the objection to listing for 685 Danforth Avenue, including an assessment of information not available during the initial listing process, staff are of the opinion that the property at 685 Danforth Avenue does not hold cultural value. Staff recommend that Council remove the property from the Heritage Register.

The Planning and Housing Committee recommends that:

1.  City Council state its intention to designate the property at 123 Wynford Drive under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 123 Wynford Drive (Reasons for Designation) attached as Attachment 3 to the report (June 19, 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 123 Wynford Drive under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

Located on the south side of Wynford Drive, northeast of Don Mills Road and Eglinton Avenue East, in the Banbury-Don Mills neighbourhood in North York, the former Japanese Canadian Cultural Centre (JCCC) at 123 Wynford Drive contains an institutional building with designed landscape and gardens that integrates traditional Japanese design with a Canadian context, including its response to the natural qualities of the Don Valley ravine site.

Completed in 1963 through the extraordinary efforts of the 75 founding Japanese Canadian families, members and volunteers, the JCCC blossomed into a flourishing cultural centre at its original location for 37 years. The Brutalist character of the prestressed concrete building combined with a distinct Japanese sensibility was designed by Raymond Moriyama, internationally renowned Canadian architect and a Companion of the Order of Canada. Moriyama designed the JCCC early in his career at the age of 28 and was recognized by the Precast Concrete Institute of Chicago's annual award in 1964. At the June 7, 1964 opening ceremony, Prime Minister Lester B. Pearson highlighted the significance of the JCCC and Japanese Canadians to the country's multicultural mosaic in the post-war period. The JCCC is well known for cultural enrichment to Japanese and non-Japanese audiences in Toronto through its enduring motto, "Friendship through Culture".

Following the sale of the property in 2001, the JCCC relocated to an expanded facility within the neighbourhood, and the former JCCC became the Noor Cultural Centre,

a centre for Islamic practice and learning, and celebration of Islamic culture, while respecting the diversity in peoples and religions. The building was adaptively repurposed and sensitively adapted through minor alterations by Moriyama & Teshima Architects to serve the Canadian Muslim community from 2003 until the facility closed due to the COVID-19 pandemic in March 2020. The property was sold in 2021.

The property is a landmark that contributes to a significant collection of high-quality designed civic and cultural institutions that characterize the Don Mills Crossing area.

The property has been identified as one of the 'Significant Modernist Projects' in North York constructed between 1945 and 1981. The property was listed on the North York's Inventory of Heritage Properties on October 6, 1997. Following municipal amalgamation, the North York heritage inventory was included in the consolidated City of Toronto's Heritage Register in 2006.

Staff have completed the Research and Evaluation Report for the property at 123 Wynford Drive 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 physical and design, historical and associative, and contextual values. As such, the property is a significant built heritage resource.

In July 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 two residential towers of 55 and 48 storeys, and it proposes to retain in situ a portion of the historic building with the reconstruction of its west elevation undertaken with salvaged and new materials to serve as the base of the new development. The proposal consists of 78,660 square metres of residential gross floor area containing 1128 residential units, and 463 vehicular parking spaces.

A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated

July 22, 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.

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.

The City Clerk issued a complete application notice on October 14, 2022. The property owner provided a waiver to the City without a time limit to extend the 90-day timeline of the Prescribed Event established under Bill 108.  However, the applicant appealed their Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal on April 20, 2023, due to Council's lack of decision, as prescribed by the Planning Act.

Heritage staff are seeking Council's decision regarding Part IV designation at this time to inform the planning process.  

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. The application was deemed complete prior to Bill 23 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 Ontario Heritage Act, if it meets two or more of the nine criteria.

The subject property meets eight of the nine criteria relating to design/physical, historical/associative, and contextual values.  Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.11 and made recommendations to City Council.

Summary from the report (May 31, 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 123 Wynford Drive under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

Located on the south side of Wynford Drive, northeast of Don Mills Road and Eglinton Avenue East, in the Banbury-Don Mills neighbourhood in North York, the former Japanese Canadian Cultural Centre at 123 Wynford Drive contains an institutional building with designed landscape and gardens that integrates traditional Japanese design with a Canadian context, including its response to the natural qualities of the Don Valley ravine site.

Completed in 1963 through the extraordinary efforts of the 75 founding Japanese Canadian families, members and volunteers, the Japanese Canadian Cultural Centre blossomed into a flourishing cultural centre at its original location for 37 years. The Brutalist character of the prestressed concrete building combined with a distinct Japanese sensibility was designed by Raymond Moriyama, internationally renowned Canadian architect and a Companion of the Order of Canada. Moriyama designed the Japanese Canadian Cultural Centre early in his career at the age of 28 and was recognized by the Precast Concrete Institute of Chicago's annual award in 1964. At the June 7, 1964 opening ceremony, Prime Minister Lester B. Pearson highlighted the significance of the Japanese Canadian Cultural Centre and Japanese Canadians to the country's multicultural mosaic in the post-war period. The Japanese Canadian Cultural Centre is well known for cultural enrichment to Japanese and non-Japanese audiences in Toronto through its enduring motto, "Friendship through Culture".

Following the sale of the property in 2001, the Japanese Canadian Cultural Centre relocated to an expanded facility within the neighbourhood, and the former Japanese Canadian Cultural Centre became the Noor Cultural Centre, a centre for Islamic practice and learning, and celebration of Islamic culture, while respecting the diversity in peoples and religions. The building was adaptively repurposed and sensitively adapted through minor alterations by Moriyama & Teshima Architects to serve the Canadian Muslim community from 2003 until the facility closed due to the COVID-19 pandemic in March 2020. The property was sold in 2021.

The property is a landmark that contributes to a significant collection of high-quality designed civic and cultural institutions that characterize the Don Mills Crossing area. The property has been identified as one of the 'Significant Modernist Projects' in North York constructed between 1945 and 1981. The property was listed on the North York's Inventory of Heritage Properties on October 6, 1997. Following municipal amalgamation, the North York heritage inventory was included in the consolidated City of Toronto's Heritage Register in 2006.

Staff have completed the Research and Evaluation Report for the property at 123 Wynford Drive 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 physical and design, historical and associative, and contextual values. As such, the property is a significant built heritage resource.

In July 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 two residential towers of 55 and 48 storeys, and it proposes to retain in situ a portion of the historic building with the reconstruction of its west elevation undertaken with salvaged and new materials to serve as the base of the new development. The proposal consists of 78,660 square metres of residential gross floor area containing 1128 residential units, and 463 vehicular parking spaces.

A Heritage Impact Assessment completed by ERA Architects Inc. and dated July 22, 2022 was submitted to support the application. A 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.

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.

The City Clerk issued a complete application notice on October 14, 2022. The property owner provided a waiver to the City without a time limit to extend the 90-day timeline of the Prescribed Event established under Bill 108.  However, the applicant appealed their Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal on April 20, 2023, due to Council's lack of decision, as prescribed by the Planning Act.

Heritage staff are seeking Council's decision regarding Part IV designation at this time to inform the planning process. 

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. The application was deemed complete prior to Bill 23 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 Ontario Heritage Act, if it meets two or more of the nine criteria.

The subject property meets eight of the nine criteria relating to design/physical, historical/associative, and contextual values.  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 42 Maitland Street (including the entrance address at 36 Maitland Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 42 Maitland Street (Reasons for Designation) attached as Attachment 3 to the report (June 19, 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 42 Maitland Street (including the entrance address at 36 Maitland Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property is located mid-block on the north side of Maitland Street between Yonge and Church Streets in the Church - Wellesley Village. The property at 42 Maitland Street, named "The Maitlands", comprises two similar, but not identical walk-up apartment houses that were built a year apart.

Both four-storey apartment buildings are Classical Revival-style in design. The easterly building at 42 Maitland Street was constructed in 1910-11. The westerly building at 36 Maitland Street was constructed in 1911-12 with a more elaborate and slightly larger design. A three-story extension was added to its rectangular form linking it to the earlier easterly building, thereby creating a "U-shaped" complex. Characteristic of the style's formality is the symmetrical arrangement of the principal elevations with quality, buff-coloured brick and stone window surrounds. The date of construction of "The Maitlands" coincides with the culmination of pre-World War I apartment house development in Toronto, which peaked in 1911-12.

The property at 42 Maitland Street was listed on the City's Heritage Inventory in 1974.

Staff have completed research and evaluation 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 the design/physical, historical/associative, and contextual values of the property.

On December 29, 2022, the City received an Official Plan Amendment and Zoning By-law Amendment application related to the proposed redevelopment of the subject property. The proposal is for a 61-storey residential building that maintains the main façades of each building and portions of the other façades. The application is currently under review.

A Heritage Impact Assessment (HIA) completed by LHC Heritage Planning & Archaeology Inc. dated December 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.

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.

The City Clerk issued a complete application notice on March 23, 2023. The property owner has provided a waiver to extend the 90-day timeline to August 31, 2023.

Council must make a decision at its July 19-21, 2023, meeting.

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. 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.

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.2 and made recommendations to City Council.

Summary from the report (May 26, 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 42 Maitland Street (including the entrance address at 36 Maitland Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property is located mid-block on the north side of Maitland Street between Yonge and Church Streets in the Church - Wellesley Village. The property at 42 Maitland Street, named "The Maitlands", comprises two similar, but not identical walk-up apartment houses that were built a year apart.

Both four-storey apartment buildings are Classical Revival-style in design. The easterly building at 42 Maitland Street was constructed in 1910-11. The westerly building at 36 Maitland Street was constructed in 1911-12 with a more elaborate and slightly larger design. A three-story extension was added to its rectangular form linking it to the earlier easterly building, thereby creating a "U-shaped" complex. Characteristic of the style's formality is the symmetrical arrangement of the principal elevations with quality, buff-coloured brick and stone window surrounds. The date of construction of "The Maitlands" coincides with the culmination of pre-World War I apartment house development in Toronto, which peaked in 1911-12.

The property at 42 Maitland Street was listed on the City's Heritage Inventory in 1974.

Staff have completed research and evaluation 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 the design/physical, historical/associative, and contextual values of the property.

On December 29, 2022, the City received an Official Plan Amendment and Zoning By-law Amendment application related to the proposed redevelopment of the subject property. The proposal is for a 61-storey residential building that maintains the main façades of each building and portions of the other façades. The application is currently under review.

A Heritage Impact Assessment (HIA) completed by LHC Heritage Planning & Archaeology Inc. dated December 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.

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.

The City Clerk issued a complete application notice on March 23, 2023. The property owner has provided a waiver to extend the 90-day timeline to August 31, 2023.

Council must make a decision at its July 19-21, 2023, meeting.

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. 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.

The Planning and Housing Committee recommends that:

1.  City Council state its intention to designate the property at 38 Walmer Road (including entrance address of 188 Lowther Avenue) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 38 Walmer Road (Reasons for Designation) attached as Attachment 3 to the report (June 19, 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 38 Walmer Road (including the entrance address at 188 Lowther Avenue) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property located at 38 Walmer Road, Walmer Road Baptist Church, is located at the northwest corner of Walmer Road and Lowther Avenue, fronting Gwendolyn MacEwen Park. The property is valued for its historical association with the Walmer Road Baptist Church, an institution with a congregation established in 1889 which continues to be a place of worship, social and educational activity for its members as well as a place of community outreach for over 130 years. The property is valued for its design which consists of three connected buildings including an 1889 Sunday School (Queen Anne–revival style), 1892 Sanctuary (Romanesque style adapted incorporating a variety of Gothic-style references), and 1913 Memorial Building (Gothic Revival-style). The Sanctuary was designed by Langley and Burke architects, who also designed the earlier Sunday School Building. The property is valued for its historical association with Edmund Burke (1850-1919) and Henry Langley (1836-1907) who were prolific in designing many of the most important ecclesiastical works in Ontario during their 1873-1892 architectural practice together. The Sunday School and Sanctuary reflect the earliest development of the Annex neighbourhood in the 1880s when it acquired its characteristic urban pattern and architectural form. The Walmer Road Baptist Church's distinctive character of its architecture in combination with its prominent presence on Walmer Road and Gwendolyn MacEwan Park makes it a landmark in the Annex.

City Council listed the property on the City of Toronto's Heritage Register in 1986.

Staff have completed the Research and Evaluation Report for the property at 38 Walmer Road 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/physical value, historical/associative value, and contextual value. As such, the property is a significant built heritage resource.

In August 2022, the City received Site Plan Approval, Official Plan Amendment, and Zoning By-law Amendment applications related to proposed redevelopment of the subject property with a 20-storey mixed-use building, containing 162 dwelling units and 1950 square meters of non-residential GFA, including retail, community and a space for the Walmer Road Baptist Church congregation as a place of worship. The proposal includes inserting a floor level at the gallery to divide the interior of the sanctuary as well as a variety of other interior and exterior alterations for this adaptive re-use project. The redevelopment also proposes the removal of the Sunday School and Memorial buildings.

A Heritage Impact Assessment (HIA) completed by E.R.A. Architects Inc. and dated July 7, 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.

The City Clerk issued a complete application notice on August 8, 2022. The applicant appealed their Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal on May 31, 2023, due to Council's lack of decision, as prescribed by the Planning Act.

The property owner provided a waiver to extend the 90-day timeline of Part IV designation established under Bill 108. Council must make a decision at its July 19-21, 2023 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires on July 31, 2023.

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.  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 subject property meets six of the nine criteria.

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.1 and made recommendations to City Council.

Summary from the report (May 31, 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 38 Walmer Road (including the entrance address at 188 Lowther Avenue) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property located at 38 Walmer Road, Walmer Road Baptist Church, is located at the northwest corner of Walmer Road and Lowther Avenue, fronting Gwendolyn MacEwen Park. The property is valued for its historical association with the Walmer Road Baptist Church, an institution with a congregation established in 1889 which continues to be a place of worship, social and educational activity for its members as well as a place of community outreach for over 130 years. The property is valued for its design which consists of three connected buildings including an 1889 Sunday School (Queen Anne–revival style), 1892 Sanctuary (Romanesque style adapted incorporating a variety of Gothic-style references), and 1913 Memorial Building (Gothic Revival-style). The Sanctuary was designed by Langley and Burke architects, who also designed the earlier Sunday School Building. The property is valued for its historical association with Edmund Burke (1850-1919) and Henry Langley (1836-1907) who were prolific in designing many of the most important ecclesiastical works in Ontario during their 1873-1892 architectural practice together. The Sunday School and Sanctuary reflect the earliest development of the Annex neighbourhood in the 1880s when it acquired its characteristic urban pattern and architectural form. The Walmer Road Baptist Church's distinctive character of its architecture in combination with its prominent presence on Walmer Road and Gwendolyn MacEwan Park makes it a landmark in the Annex.

City Council listed the property on the City of Toronto's Heritage Register in 1986.

Staff have completed the Research and Evaluation Report for the property at 38 Walmer Road 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/physical value, historical/associative value, and contextual value. As such, the property is a significant built heritage resource.

In August 2022, the City received Site Plan Approval, Official Plan Amendment, and Zoning By-law Amendment applications related to proposed redevelopment of the subject property with a 20-storey mixed-use building, containing 162 dwelling units and 1950 square meters of non-residential GFA, including retail, community and a space for the Walmer Road Baptist Church congregation as a place of worship. The proposal includes inserting a floor level at the gallery to divide the interior of the sanctuary.

A Heritage Impact Assessment (HIA) completed by E.R.A. Architects Inc. and dated July 7, 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.

The City Clerk issued a complete application notice on August 8, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108. Council must make a decision at its July 19-21, 2023 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires on July 31, 2023.

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.  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 subject property meets six of the nine criteria.

The Planning and Housing Committee recommends that:

1.  City Council state its intention to designate the property at 639 Yonge Street (entrance addresses at 2, 4, Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 639 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

2.  City Council state its intention to designate the property at 641 Yonge Street (entrance address at 641-643 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 641 Yonge Street (Reasons for Designation) attached as Attachment 4 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

3.  City Council state its intention to designate the property at 645 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 645 Yonge Street (Reasons for Designation) attached as Attachment 5 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

4.  City Council state its intention to designate the property at 649 Yonge Street (entrance addresses at 647 Yonge Street and 12A Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 649 Yonge Street (Reasons for Designation) attached as Attachment 6 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

5.  City Council state its intention to designate the property at 651 Yonge Street (entrance address at 653 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 651 Yonge Street (Reasons for Designation) attached as Attachment 7 to the report (June 19, 2023) from the Chief Planner and Executive Director, City Planning.

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

This report recommends that City Council state its intention to designate the five contiguous properties at 639 Yonge Street (including entrance addresses at 2, 4 Isabella Street), 641 Yonge Street (including entrance address 641-643 Yonge Street), 645 Yonge Street, 649 Yonge Street (including entrance addresses 647 Yonge Street and 12A Isabella Street) and 651 Yonge Street (including entrance address 653 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

Anchoring the northeast corner of Yonge Street and Isabella Street, the properties at 639-651 Yonge Street were completed between c.1878 and 1951, and collectively support the historic main street character of this part of Yonge Street through their consistent low-rise scale, form and massing, and their range of architectural styles.

The subject properties at 639 and 649 Yonge Street included on the City of Toronto Inventory of Heritage Properties (now known as the Heritage Register) in 1974, and the other three properties at 641, 645, and 651 Yonge Street were listed on the Heritage Register in 2016.

Staff have completed the Research and Evaluation Report for the properties at 639, 641, 645, 649 and 651 Yonge Street and determined that all five properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual values. In addition, the properties at 639, 641, 649, and 651 Yonge Street have historical and associative value. As such, the properties are significant built heritage resources.

On September 15, 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the subject properties with a 76-storey mixed-use tower, which would retain the existing building facades along Yonge Street and a portion of Isabella Street in situ as part of the podium of the new building. The proposed interior space behind the facades of 639-649 Yonge Street is designed as an open atrium with ground floor retail toward the interior. A residential lobby is proposed to be located behind the retained façade of 651 Yonge Street. The proposal also indicates that the historic mansard roofs at 639 and 651 Yonge Street would be reconstructed with a non-combustible structure.

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. An HIA completed by ERA Architects Inc. and dated September 9, 2022, was submitted to support the application.

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 for the Official Plan and Zoning

By-law Amendment on November 25, 2022. The applicant provided a waiver to

extend the 90-day timeline after the City Clerk's notice. Council must make a decision

to issue a notice of intention to designate the subject properties at its July 19-21, 2023 meeting before the waiver expires on July 31, 2023.

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.

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 comply with the province's amended O. Reg. 9/06 under the Ontario Heritage Act, which came 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 June 12, 2023, the Toronto Preservation Board considered Item PB7.3 and made recommendations to City Council.

Summary from the report (May 23, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the five contiguous properties at 639 Yonge Street (including entrance addresses at 2, 4 Isabella Street), 641 Yonge Street (including entrance address 641-643 Yonge Street), 645 Yonge Street, 649 Yonge Street (including entrance addresses 647 Yonge Street and 12A Isabella Street) and 651 Yonge Street (including entrance address 653 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

Anchoring the northeast corner of Yonge Street and Isabella Street, the properties at 639-651 Yonge Street were completed between c.1878 and 1951, and collectively support the historic main street character of this part of Yonge Street through their consistent low-rise scale, form and massing, and their range of architectural styles.

The subject properties at 639 and 649 Yonge Street included on the City of Toronto Inventory of Heritage Properties (now known as the Heritage Register) in 1974, and the other three properties at 641, 645, and 651 Yonge Street were listed on the Heritage Register in 2016.

Staff have completed the Research and Evaluation Report for the properties at 639, 641, 645, 649 and 651 Yonge Street and determined that all five properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual values. In addition, the properties at 639, 641, 649, and 651 Yonge Street have historical and associative value. As such, the properties are significant built heritage resources.

On September 15, 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the subject properties with a 76-storey mixed-use tower, which would retain the existing building facades along Yonge Street and a portion of Isabella Street in situ as part of the podium of the new building. The proposed interior space behind the facades of 639-649 Yonge Street is designed as an open atrium with ground floor retail toward the interior. A residential lobby is proposed to be located behind the retained façade of 651 Yonge Street. The proposal also indicates that the historic mansard roofs at 639 and 651 Yonge Street would be reconstructed with a non-combustible structure.

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. An Heritage Impact Assessment completed by ERA Architects Inc. and dated September 9, 2022, was submitted to support the application.

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 for the Official Plan and Zoning

By-law Amendment on November 25, 2022. The applicant provided a waiver to

extend the 90-day timeline after the City Clerk's notice. Council must make a decision

to issue a notice of intention to designate the subject properties at its July 19-21, 2023 meeting before the waiver expires on July 31, 2023.

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.

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 comply with the province's amended O. Reg. 9/06 under the Ontario Heritage Act, which came 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 650 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 650 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (June 19, 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 650 (including entrance addresses at 650A and 652 Yonge Street) Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property is located on the west side of Yonge Street between Irwin Avenue and St Mary Street and contains a 2-1/2-storey building completed c.1875. The building is part of a row of properties designed in a vernacular style with Georgian influences and supports the historic main street character of this part of Yonge Street through its low-rise scale, form and massing.

The subject property at 650 Yonge Street was listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on March 15, 1974 and is identified as a contributing property within the Historic Yonge Street Heritage Conservation District Plan (currently under appeal).

Staff have completed the Research and Evaluation Report for the property at 650 Yonge Street and determined that it meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual values. As such, the property is a significant built heritage resource.

In December 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the properties at 646-664 Yonge Street. The redevelopment proposes a 75-storey mixed-use building with 548 dwelling units, comprising approximately 44,065 square metres of residential space and approximately 500 square metres of retail/commercial space, resulting in an overall density of 33.0 FSI (Floor Space Index).

The proposal includes the reconstruction of the facades of 646, 654, 656 and 658 Yonge Street, the restoration of the façade at 650 Yonge Street, the demolition of the listed properties at 660-662 Yonge Street, and the retention of the front portion of the building at 664 Yonge Street. 646-658 Yonge Street have been substantially altered and/or reconstructed, and are not being recommended for designation under Part IV, Section 29 of the Ontario Heritage Act.

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. An HIA completed by ERA Architects Inc. dated December 16, 2022 was submitted to support the application.

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 for the Official Plan and Zoning By-law Amendment on February 17, 2023. The applicant provided a waiver to extend the 90-day timeline established under Bill 108 until August 3, 2023. City Council must make a decision at its July 19-21 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

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 at 650 Yonge Street meets three criteria relating to design/physical and contextual values.

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

At its meeting on June 12, 2023, the Toronto Preservation Board considered Item PB7.4 and made recommendations to City Council.

Summary from the report (May 31, 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 650 (including entrance addresses at 650A and 652 Yonge Street) Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The subject property is located on the west side of Yonge Street between Irwin Avenue and St Mary Street and contains a 2-1/2-storey building completed c.1875. The building is part of a row of properties designed in a vernacular style with Georgian influences and supports the historic main street character of this part of Yonge Street through its low-rise scale, form and massing.

The subject property at 650 Yonge Street was listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on March 15, 1974 and is identified as a contributing property within the Historic Yonge Street Heritage Conservation District Plan (currently under appeal).

Staff have completed the Research and Evaluation Report for the property at 650 Yonge Street and determined that it meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual values. As such, the property is a significant built heritage resource.

In December 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the properties at 646-664 Yonge Street. The redevelopment proposes a 75-storey mixed-use building with 548 dwelling units, comprising approximately 44,065 square metres of residential space and approximately 500 square metres of retail/commercial space, resulting in an overall density of 33.0 FSI (Floor Space Index).

The proposal includes the reconstruction of the facades of 646, 654, 656 and 658 Yonge Street, the restoration of the façade at 650 Yonge Street, the demolition of the listed properties at 660-662 Yonge Street, and the retention of the front portion of the building at 664 Yonge Street. 646-658 Yonge Street have been substantially altered and/or reconstructed, and are not being recommended for designation under Part IV, Section 29 of the Ontario Heritage Act.

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. An Heritage Impact Assessment completed by ERA Architects Inc. dated December 16, 2022 was submitted to support the application.

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 for the Official Plan and Zoning By-law Amendment on February 17, 2023. The applicant provided a waiver to extend the 90-day timeline established under Bill 108 until August 3, 2023. City Council must make a decision at its July 19-21 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

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 at 650 Yonge Street meets three criteria relating to design/physical and contextual values.

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 properties at 664, 666, 668, 670, 672 (including structure address at 674), 676, 678 and 680 (including entrance address at 682) Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 664-680 Yonge Street (Reasons for Designation) attached as Attachment 3 to the report (June 19, 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 eight adjacent properties at 664, 666, 668, 670, 672 (including structure address at 674), 676, 678 and 680 (including entrance address at 682) Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties are located on the west side of Yonge Street between Irwin Avenue and St Mary Street and comprise a row of commercial buildings designed in the Second Empire style. Completed in 1883 according to the designs of notable architect Edward James Lennox for the Scottish Ontario and Manitoba Land Company, the properties support the historic main street character of this part of Yonge Street through their consistent low-rise scale, form and massing.

The subject properties at 664-680 Yonge Street were listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on March 15, 1974 and are identified as contributing properties within the Historic Yonge Street Heritage Conservation District Plan (currently under appeal).

Staff have completed the Research and Evaluation Report for the properties at 664-680 Yonge 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 under design/physical, historical/associative, and contextual values. As such, the properties are significant built heritage resources.

In December 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the properties at 646-664 Yonge Street. The subject properties at 666-680 Yonge Street are not included in the development applications. The redevelopment proposes a 75-storey mixed-use building with 548 dwelling units, comprising approximately 44,065 square metres of residential space and approximately 500 square metres of retail/commercial space, resulting in an overall density of 33.0 FSI (Floor Space Index). The proposal includes the reconstruction of the facades of 646, 654, 656 and 658 Yonge Street, the restoration of the façade at 650 Yonge Street, the demolition of the listed properties at 660-662 Yonge Street, and the retention of the front portion of the 2-1/2-storey building at 664 Yonge Street.

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. An HIA completed by ERA Architects Inc. and dated December 16, 2022, was submitted to support the application. Although technically outside the boundary of the proposed redevelopment, the HIA also included an evaluation of the properties at 666-680 Yonge Street, which form an intact row of properties with 664 Yonge Street.

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 for the Official Plan and Zoning By-law Amendment on February 17, 2023. The applicant provided a waiver to extend the 90-day timeline established under Bill 108 until August 3, 2023. Council must make a decision at its July 19-21 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 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.

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 properties at 664-680 Yonge Street meet five 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 June 12, 2023, the Toronto Preservation Board considered Item PB7.5 and made recommendations to City Council.

Summary from the report (May 23, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the eight adjacent properties at 664, 666, 668, 670, 672 (including structure address at 674), 676, 678 and 680 (including entrance address at 682) Yonge Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

The subject properties are located on the west side of Yonge Street between Irwin Avenue and St Mary Street and comprise a row of commercial buildings designed in the Second Empire style. Completed in 1883 according to the designs of notable architect Edward James Lennox for the Scottish Ontario and Manitoba Land Company, the properties support the historic main street character of this part of Yonge Street through their consistent low-rise scale, form and massing.

The subject properties at 664-680 Yonge Street were listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on March 15, 1974 and are identified as contributing properties within the Historic Yonge Street Heritage Conservation District Plan (currently under appeal).

Staff have completed the Research and Evaluation Report for the properties at 664-680 Yonge 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 under design/physical, historical/associative, and contextual values. As such, the properties are significant built heritage resources.

In December 2022, the City received Site Plan Control, Official Plan Amendment, and Zoning By-law Amendment applications related to the proposed redevelopment of the properties at 646-664 Yonge Street. The subject properties at 666-680 Yonge Street are not included in the development applications. The redevelopment proposes a 75-storey mixed-use building with 548 dwelling units, comprising approximately 44,065 square metres of residential space and approximately 500 square metres of retail/commercial space, resulting in an overall density of 33.0 FSI (Floor Space Index). The proposal includes the reconstruction of the facades of 646, 654, 656 and 658 Yonge Street, the restoration of the façade at 650 Yonge Street, the demolition of the listed properties at 660-662 Yonge Street, and the retention of the front portion of the 2-1/2-storey building at 664 Yonge Street.

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. An HIA completed by ERA Architects Inc. and dated December 16, 2022, was submitted to support the application. Although technically outside the boundary of the proposed redevelopment, the HIA also included an evaluation of the properties at 666-680 Yonge Street, which form an intact row of properties with 664 Yonge Street.

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 for the Official Plan and Zoning By-law Amendment on February 17, 2023. The applicant provided a waiver to extend the 90-day timeline established under Bill 108 until August 3, 2023. Council must make a decision at its July 19-21 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 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.

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 properties at 664-680 Yonge Street meet five 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 at 1860, 1860A, 1862, 1864, 1866, 1866A and1868 Keele Street substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 1, 2023) from 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.

3. City Council approve the Rental Housing Demolition Application (File No. 20 109561 WET 05 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of four existing rental dwelling units at 1862 and 1864 Keele Street.

4. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of four rental dwelling units at 1862 and 1864 Keele Street after all the following have occurred:

a. The Zoning By-law Amendment has come into full force and effect;

b. The issuance of the Notice of Approval Conditions for Site Plan Control approval pursuant to Section 114 of the City of Toronto Act, 2006; 

c. The issuance of excavation and shoring permits (conditional or full permits) for the approved development; and

d. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant.

5. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given the approval referred to in Recommendation 4 above.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1862 and 1864 Keele Street after the Chief Planner and Executive Director, City Planning Division has given the approval referred to in Recommendation 5 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363 on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division;

c. The owner erects the proposed building no later than three years from the date on which the demolition of the existing rental dwelling units commences, subject to the time-frame being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and

d. Should the owner fail to complete the proposed development within the time-frame specified in Recommendation 6. c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of $20,000 per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

7. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to: 

a. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, revisions required to the Functional Servicing and Stormwater Management Report, Hydrological Review Report, Servicing Report Groundwater Summary Form and Hydrological Review Summary Form.

The Etobicoke York Community Council held a statutory public meeting on June 19, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend city-wide Zoning By-law 569-2013 at 1860, 1860A, 1862, 1864, 1866, 1866A and 1868 Keele Street to permit a 19-storey mixed-use development consisting of 245 dwelling units and 407 square metres of retail space on the ground floor. The total proposed gross floor area (GFA) is 17,667 square metres.

The proposed mixed-use building at this location is supportable intensification adjacent to the Keelesdale Light Rail Transit Station and Bus Terminal.

This report recommends approval of the application to amend the Zoning By-law as it conforms with the Official Plan and is generally consistent with the City's guidelines.

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 2801 Jane Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 1, 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.

3.  City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to:

a. Continue to provide and maintain the existing 164 units at 2801 Jane Street as rental housing for a period of at least 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and,

b. The owner shall undertake improvements at its sole expense and at no cost to tenants, to the existing rental building at 2801 Jane Street, as follows:

1. Access to new outdoor amenities and ground floor indoor amenities in the proposed new building for tenants of the existing rental apartment building; and

2. Parking garage and concrete restoration.

4. Prior to Notice of Approval Conditions for Site Plan Control approval for the development, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan, including an interim parking plan, to mitigate the impacts of construction of the development on tenants of the existing rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. Before introducing the necessary Bill to City Council for enactment, the applicant is required to submit:

a. An amended Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services; and

b. A Transportation Impact Study with appropriate parking, loading and maneuvering diagrams, to the satisfaction of the General Manager, Transportation Services. 

The Etobicoke York Community Council held a statutory public meeting on June 19, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend city-wide Zoning By-law 569-2013 for the property at 2801 Jane Street. The proposed zoning would permit an 11-storey apartment building (35.4 metres, plus 5.5-metre high mechanical penthouse and amenity floor) with a Gross Floor Area (GFA) of 19,230 square metres, containing 224 dwelling units, and a one-level underground garage with 119 vehicular parking spaces. The existing 17-storey apartment building will be retained on the site.

The proposal is a compatible and sensitive infill development in the Apartment Neighbourhoods designation with appropriate height, articulation, frontage, and setbacks in relation to the existing apartment building and surrounding urban environment. Furthermore, this proposal will include improvements to the existing rental apartment building, as well as provide landscape improvements that will contribute high quality amenities for residents.

The Etobicoke York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 at 408 Horner Avenue in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (May 31, 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.

3. Before introducing the necessary Bill to City Council for enactment, require the

owner to:

a. submit an application requesting permission to injure or destroy protected trees to the satisfaction of the General Manager, Parks, Forestry and Recreation;

b. provide an acceptable Tenant Relocation and Assistance Plan for tenants of the existing one rental dwelling unit proposed to be demolished, addressing financial compensation and other assistance to lessen hardship. The Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

c. provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the implementation of the Tenant Relocation and Assistance Plan required in Recommendation 3.b. above.

The Etobicoke York Community Council held a statutory public meeting on June 19, 2023, and notice was given in accordance with the Planning Act.

This application is for a two-storey addition containing six units off the rear of an existing two-storey triplex at 408 Horner Avenue. The proposal would demolish one existing rental dwelling unit, and contain a total of nine dwelling units (seven new and two retained rental units), five parking spaces located at-grade, and a new rear yard outdoor amenity area.

The proposal represents a supportable level of low-rise intensification at this location along Horner Avenue within a Neighbourhoods designated area, while providing a built-form that addresses the surrounding context.

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive substantially-in-accordance with the draft Official Plan Amendment attached as Attachment 7 to the report (June 1, 2023) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (June 1, 2023) from the Director, Community Planning, Etobicoke York District.

3. City Council authorizes 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. City Council authorize the City Solicitor to include a holding provision in the Zoning By-law Amendment as may be necessary to prevent development of the lands until such time as conditions relating to servicing improvements are satisfied, including:

a. the submission of a Stormwater Management and Functional Servicing to the satisfaction of the Chief Engineer and Executive Director Engineering and Construction Services;

b. a financially secured agreement has been entered into with the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of improvements that may be required to the City’s sanitary and storm sewers; and

c. the owner obtain all necessary approvals to proceed with the infrastructure required to be constructed, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: 

a. complete a peer review process of the submitted Noise Study, by a third-party consultant, retained by the City of Toronto and at the owner’s expense to the satisfaction of the Chief Planner and Executive Director, City Planning; and, if necessary, the proposed draft Zoning By-law Amendment shall be revised to address any mitigation measures arising from the accepted study;

b. submit a Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and if necessary, the proposed draft Zoning By-law Amendment shall be revised to address any mitigation measures arising from the accepted study; and

c. submit a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services.

6. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 10 to the report (June 1, 2023) from the Director, Community Planning, Etobicoke York District, subject to the following:

a. approval conditions from various City divisions, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development must also be fulfilled prior to the final approval and release of the Plan of Subdivision for registration.

7. City Council direct that, in accordance with Section 42 of the Planning Act, as a component of the registration of the Plan of Subdivision, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1900 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, prior to the issuance of the first above-grade building permit for Block 1 of the Plan of Subdivision.

8. City Council approve the acceptance of the on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

9. 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 and 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 and Recreation than the 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.

10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act that includes:

a.  the provision and conveyance of Affordable Ownership Units at a nominal charge to Habitat for Humanity or a similar non-profit housing provider for affordable ownership housing to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the provision of at least two Bike Share stations, in accordance with equipment specifications and locations acceptable to the President, Toronto Parking Authority; and

c. the provision of public art on site through participation in the Percent for Public Art program;

and to report back for further instructions on any offer of in-kind community benefits made by the owner.

11. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to prevent the residents of, visitors to, or tradespersons at 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive from obtaining a parking permit.

12. City Council request that the Chief Planner and Executive Director, City Planning include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

The Etobicoke York Community Council held a statutory public meeting on June 19, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to permit a multi-phased development with four development blocks at 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive. The proposal contains five buildings including two eight-storey mid-rises along Bloor Street West and five tower with heights of 25, 36, 41, 43 and 45 storeys. The overall development proposes 2387 residential units and 4859 square metres of non-residential gross floor area. A Draft Plan of Subdivision application has also been submitted to create the development blocks, a J-shaped public road and 1900 square metres of public parkland.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.

The proposal conforms with the intent of the Official Plan and Etobicoke Centre Secondary Plan and is generally consistent with the City's guidelines. The proposed mixed-use development represents appropriate intensification and transition in scale from the Kipling Transit Hub (also known as the "Kipling Mobility Hub") and focal point of the Six Points Area down towards the pedestrian-scale character and lower-scale areas to the north.

This report also advises that the Chief Planner also intends to approve the Draft Plan of Subdivision application to create the four development blocks, proposed public road, and park block.

The Etobicoke York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Highway 27 and New Providence Trail/Nearctic Drive.

2. City Council rescind the existing eastbound right turn prohibition in effect at all times, buses excepted, at the intersection of Rexdale Boulevard and Queen's Plate Drive (west intersection).

3. City Council rescind the existing westbound left turn prohibition in effect at all times, at the intersection of Rexdale Boulevard and Queen's Plate Drive (west intersection).

4. City Council rescind the existing southbound through movements prohibition in effect at all times from Queen's Plate Drive (west intersection) to Private driveway opposite Queen's Plate Drive (west intersection) at Rexdale Boulevard.

5. City Council amend the existing traffic control signals at the intersection of Rexdale Boulevard and Queen's Plate Drive/Private Access (west intersection) to be in effect at Rexdale Boulevard and Queen's Plate Drive (west intersection).

As the Toronto Transit Commission (TTC) operates bus service on Rexdale Boulevard, Highway 27 and Queen's Plate Drive, City Council approval of this report is required.

Transportation Services is requesting approval to install traffic control signals at the intersection of Highway 27 and New Providence Trail/Neararctic Drive. Transportation Services is also requesting approval to rescind the existing turn and through traffic prohibitions at the intersection of Rexdale Boulevard and Queen's Plate Drive (west intersection).

The traffic control signals will provide enhanced safety for all road users and is justified based on the assessment undertaken. Removal of the turn and through traffic prohibitions will facilitate full vehicular movements for the extension of Queen's Plate Drive, south of Rexdale Boulevard.  

The future named public roads within the Woodbine Lands, including the extension of Queen's Plate Drive, south of Rexdale Boulevard, are currently dedicated as public highways, but not yet assumed. The recommendations for the installation of traffic control signals in this report should not be construed as the City's assumption of these future public roads.

A companion report, "Traffic Control Signals - 555 Rexdale Boulevard (Delegated)" outlines the required delegated proposed traffic control signals and turning restriction amendments for locations without TTC Service.

The Etobicoke and York Community Council recommends that:  

1. City Council authorize the closure of the east side sidewalk and a 1.3 metre wide portion of the northbound curb lane on Dorchester Avenue, between The Queensway and a point 88.3 metres further south, from July 20, 2023 to May 31, 2025.

2. City Council prohibit stopping at all times on the east side of Dorchester Avenue, between The Queensway and a point 88.3 metres further south.

3. City Council rescind the existing no parking prohibition in effect all times on the west side of Islington Avenue, between a point 63.4 metres south of The Queensway and a point 12.2 metres further south.

4. City Council prohibit stopping at all times on the west side of Islington Avenue, between a point 63.4 metres south of The Queensway and a point 12.2 metres further south.

5. City Council direct the applicant to sweep the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

6. City Council direct the applicant to construct and maintain a fully covered, protected and unobstructed walkway for all pedestrians, including for those with mobility devices, for the entire duration of the construction staging area permit to the satisfaction of the City engineer and ensure it is compliant with the Accessibility for Ontarians with Disabilities Act (AODA).

7. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

8. City Council direct the applicant to ensure that the pedestrian route on private property is fully illuminated and equipped with comprehensive CCTV monitoring 24 hours per day daily.

9. City Council direct the applicant to clearly consult and communicate 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 install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

11. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and 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.

12. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and 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.

13. City Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

14. City Council direct the applicant to post 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.

15. City Council direct the applicant to provide and install 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.

16. City Council direct the applicant, in consultation with Transportation Services, to maintain any bike lanes, and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.

17. City Council direct that Dorchester Avenue and Islington Avenue be returned to their pre-construction traffic and parking regulations when the project is complete.

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

RioCan is constructing two mixed-use condominium buildings with ground floor retail space at 1001-1037 The Queensway. The west building comprises of an 8 and 10 storey building with a shared podium, while the east building is a 10 and 17 storey building with a shared podium. The site is located on the south side of The Queensway, between Islington Avenue and Dorchester Avenue.

Transportation Services is requesting approval to temporarily close the east sidewalk and a portion of the northbound curb lane on Dorchester Avenue, for a period of 23 months from July 20, 2023 to May 31, 2025, to facilitate construction staging operations. In addition, approval is requested to prohibit stopping along a portion of Dorchester Avenue and Islington Avenue abutting the development site, to accommodate construction vehicles accessing the construction site via entrances on both roadways.

The Etobicoke and York Community Council recommends that:  

1. City Council authorize the closure of the south sidewalk on Bloor Street West, between a point 38.0 metres east of Markland Drive (west intersection) and a point 79.0 metres further east, from August 1, 2023 to July 31, 2025.

2. City Council prohibit stopping at all times on the south side of Bloor Street West, between Markland Drive (west intersection) and a point 117.0 metres further east.

3. City Council prohibit stopping at all times on the east side of Markland Drive (west intersection), between Bloor Street West and a point 27.4 metres south of Bloor Street West.

4. City Council prohibit stopping at all times on the west side of Markland Drive (west intersection), between Bloor Street West and a point 24.4 metres south of Bloor Street West.

5. City Council rescind the existing Heavy Vehicles prohibition on Markland Drive (west intersection), between Bloor Street West and a point 30.5 metres south.

6. City Council authorize the installation of a temporary traffic control signal on Bloor Street West, approximately 253.7 metres east of Markland Drive (west intersection), to be in-operation from August 1, 2023 to July 31, 2025, which the issuance of the construction staging permit must be conditional on the traffic control signal being operational.

7. City Council authorize the following conditions of the construction staging permit, which relate to the temporary traffic control signal:

·  A deposit will be required to be submitted to "The Treasurer, City of Toronto", in advance of the permit being issued. The deposit is required to cover costs incurred by the City, in the event the developer does not provide a service that it must, as stipulated in the permit agreement conditions below. Upon completion of the construction project and return to normal operation, the unused portion of the deposit will be returned to the developer.

·  The developer will be responsible for the installation, maintenance and removal of the traffic control signal by one of the electrical contractors pre-approved by the City's Traffic Systems Construction & Maintenance Unit. Maintenance levels specified by the City's Traffic Systems Construction & Maintenance Unit must be followed, to be in accordance with those followed by the City's Electrical Maintenance Contractor for the maintenance of the City's other traffic control signals.

· The developer must provide to Transportation Services a 7 day/24 hr contact name, phone number and email address, for the City's dispatchers to forward operational malfunction/complaints to. If the City's dispatcher is not able to reach the contact by phone to provide details of a malfunction/complaint, then the City's Electrical Maintenance Contractor will be dispatched to investigate and complete repairs and the City's dispatcher will send an email to document the malfunction call and their inability to reach the contact. The response and repair costs will be deducted from the deposit provided to the City.

8. City Council direct the applicant to pressure wash or sweep (weather permitting) the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

9. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

10. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

11. City Council direct the applicant to install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

12. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and 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.

13. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and 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.

14. City Council direct the applicant to install cane detection within the walkway (where applicable) to guide pedestrians who are visually impaired.

15. City Council direct the applicant to post 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.

16. City Council direct the applicant to provide and install 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.

17. City Council direct the applicant, in consultation with Transportation Services, to maintain any bike lanes, and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.

18. City Council direct that Bloor Street West and Markland Drive be returned to their pre-construction traffic and parking regulations when the project is complete. 

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

Carttera Management Inc. is constructing a nine-storey rental apartment building at 240 Markland Drive. The site is located at the south east corner of Bloor Street West and Markland Drive (west intersection).

Transportation Services is requesting approval to temporarily close the south sidewalk on Bloor Street West, between a point 38.0 metres east of Markland Drive (west intersection) and a point 79.0 metres further east for a period of 24 months, from August 1, 2023 to July 31, 2025 to facilitate construction staging operations. Pedestrian movements on the south side of Bloor Street West abutting the site will be restricted and pedestrians will be directed to use the north side sidewalk of Bloor Street West.

The Etobicoke and York Community Council recommends that:  

1. City Council rescind the existing parking prohibition in effect at all times on west side of Colonel Samuel Smith Park Drive, between Lake Shore Boulevard West and a point 49 metres south thereof.

2.  City Council prohibit stopping at all times on the west side of Colonel Samuel Smith Park Drive, between Lake Shore Boulevard West and a point 49 metres south.

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

Transportation Services is recommending that the existing parking prohibition on the west side of Colonel Samuel Smith Park Drive, between Lake Shore Boulevard West and a point 49 metres south, be changed to a stopping prohibition. The proposed amendment will deter parking at this location and will improve transit operations and vehicle movements by maintaining a clear passage for vehicles.

The Etobicoke York Community Council recommends that:

1. City Council allow the owner of the lands municipally known as 315-327 Royal York Road and 27-39 Newcastle Street (the "Site") to provide as an in-kind contribution pursuant to subsection 37(6) of the Planning Act being:

a. the design and construction of a pedestrian and cyclist bridge over Royal York Road or a functionally equivalent safe and accessible crossing for pedestrians and cyclists as set out in Section B, item 1 of the owner's letter attached as Attachment 7 to this report, which shall be determined by the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, in its sole and absolute discretion based on a feasibility analysis undertaken by the owner, at its cost and expense, on terms and to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; and

b. public art with a value of $800,000 for each of Block 1 and Block 2 of the development on the Site, totalling $1,600,000 indexed upwardly from the date of City Council allowing the in-kind contribution in accordance with the commercial Construction Price Index to the date of commissioning the Public Art for each phase and in accordance with Section B, Item 2 of the owner's letter attached as Attachment 7 to the report (June 5, 2023) from the Director, Transportation Planning and the Director, Community Planning, Etobicoke York District.

2. City Council attribute a value to the in-kind contribution set out in Recommendation 1 above equal to 100 percent of four percent of the value of the land for the development permissions granted in the Minster's Zoning Order on the Site (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the owner of such valuation.

3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands prior to the first building permit being issued on the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

4. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; as follows:

a. the owner's agreement to construct a multi-use “greenway”, generally with a minimum width of 4.0 metres, immediately adjacent to and along the rail corridor, generally in the location shown on the architectural plans, dated April 25, 2023, and prepared by SvN, its detailed design to be determined and delivery secured through the site plan control process for each phase of development in accordance with the following:

1. Prior to the earlier of the first residential occupancy and the registration of a condominium for each Phase, the owner will construct the portion of the above-referenced greenway on such Phase and convey a stratified fee simple interest of the Greenway to the City, with the owner maintaining ownership of the lands below grade to facilitate the construction of an underground parking garage beneath the Greenway, all to the satisfaction of the Chief Planner, and Executive Director City Planning, and the General Manager, Transportation Services;

b. the construction and maintenance of a privately owned publicly accessible open space (POPS) generally located within the portion of the Block 2 lands on the Site with an approximate area of 450 square metres by the owner, subject to the following terms:

1. The POPS will be fully accessible to the public, not gated from street, available 24/7 throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark;

2. The detailed design of the POPS, including amenities such as seating and landscaping, will be determined through the site plan control process for Block 2; and

3. the owner shall construct the POPS and grant an easement in perpetuity over the POPS area in favour of the City for nominal consideration prior to the earlier of the first residential occupancy of Phase 3 or registration of a condominium on Phase 3; and

c.  the owner's agreement that it shall provide public realm and streetscape improvements for the development being Block 1 and Block 2, with such details to be determined and secured through the site plan control process for each Block and the construction of such public realm and streetscape improvements to be completed on a phase-by-phase basis at the sole cost of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council acknowledge that the securing of the matters identified in Recommendation 4 above shall serve as evidence of Vandyk's obligation to provide the identified matters contained in the Undertaking, namely a multi-use 'greenway' extension along the railway, privately owned and publicly accessible spaces, and public realm and streetscape improvements (see Attachment 6 to the report (June 5, 2023) from the Director, Transportation Planning and the Director, Community Planning, Etobicoke York District.