Agenda

This meeting of the Economic and Community Development Committee will be conducted with members participating in person and remotely.

Members of Council, City Officials, and members of the public who register to speak will be provided with the video conference details closer to the meeting date.

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Closed Meeting Requirements: If the Economic and Community Development Committee wants to meet in closed session (privately), a member of the Committee must make a motion to do so and give the reason why the Committee has to meet privately (City of Toronto Act, 2006).

Notice to People Writing or Making Presentations to the Economic and Community Development Committee: 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 and Boards. 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.

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toronto.ca/council

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

Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes – November 28, 2023

Speakers/Presentations – The speakers list will be posted online at 8:30 a.m. on January 11, 2024

Communications/Reports

Doug Allingham, Chair, Greater Toronto Airports Authority Board of Directors, Rajeev Viswanathan, Board Member, Greater Toronto Airports Authority Board of Directors and Karen Mazurkewich, Vice President, Stakeholder Relations, Greater Toronto Airports Authority, will give a presentation on Annual Greater Toronto Airports Authority (GTAA) Update.

The Chief Financial Officer and Treasurer recommends that:

1. City Council adopt and certify the 2024 recommended Operating Budgets and Levy requirements of the following Business Improvement Areas:

2. City Council elect to have the subclasses for the commercial and industrial property classes apply for 2024, and to apply the respective Business Improvement Area special levy rate reductions to the subclasses, all as set out in Appendix C.

This report brings forward Business Improvement Area annual Operating Budget for approval by City Council as required by the City of Toronto Act, 2006. City Council approval is required to permit the City to collect funds through a special levy on the rateable commercial and industrial properties within the respective Business Improvement Area boundaries. Special levy rate reductions for the subclasses have been set out in Appendix C, for properties in the subclasses of the commercial and industrial property classes.

The Business Improvement Area is an association, independently managed from the City and operated by local businesses and property owners, joining together to organize, finance, and deliver capital streetscape improvements, and to promote economic development in a district with its own governance structure as set out in Chapter 19 of the Toronto Municipal Code and the City of Toronto Act, 2006.

There are currently 84 established Business Improvement Areas in the City of Toronto, of which 60 BIAs 2024 Operating Budgets are submitted for City Council approval through this report. No City funding is required since the financing of individual Business Improvement Area Operating Budgets is raised by a special levy on the rateable commercial and industrial properties within the respective Business Improvement Area boundaries.

Under current Chapter 19 of the Toronto Municipal Code, the Business Improvement Areas By-law does not have specific provision requiring a BIA maintain a certain amount in their accumulated surplus. Should a Business Improvement Area find itself in a deficit, be dissolved or becomes inactive, City Council has the authority to collect funds required and liabilities including interests, through the Business Improvement Area levy as stipulated under the By-law. If a board is dissolved and the liabilities exceed the assets assumed by the City, Council shall recover the difference. As directed by City Council at its meeting on July 19, 2022, the General Manager, Economic Development and Culture will conduct additional review and consultation on other issues impacting Business Improvement Areas. To ensure prudent stewardship of public resources and further strengthen financial management and oversight, the issue of maintaining a minimum balance requirement in the Business Improvement Area accumulated surplus reserves will be part of the By-law review. Based on the outcome of the review, City staff will present recommendations including the potential for amendment to the current Chapter 19 of the Toronto Municipal Code, and report back to Council by the second quarter of 2024.

The recommendation in this report reflects the board-adopted 2024 Operating Budgets by the respective Business Improvement Areas’ Boards of Management and General Membership. Complete budgets and supporting documentation have been reviewed by City staff to ensure that the 2024 Operating Budgets for Business Improvement Areas reflect Council’s approved policies and practices.

Financing of the Business Improvement Area Operating Budgets is raised by a special levy on the rateable commercial and industrial properties within the respective BIA boundaries, accumulated surplus, grants administrated and funded by the city and/or external parties, donations, sponsorships, festival revenues, and other third-party revenues. The BIA Office within the Economic Development & Culture Division (EDC) works with the BIAs to ensure that all BIAs are aware of the available City grant programs.

The BIA operating budgets and changes in levies are board-adopted by the respective BIAs’ Boards of Management and General Membership. The 2024 Operating Budgets for the 60 BIAs total $43.038 million which requires a special levy in the amount of

$30.038 million reflecting a $1.046 million or 3.6% increase in the special levy from 2023. All of the 2024 BIA Operating Budgets submitted for consideration are balanced budgets that are managed independently by the BIAs and not economically dependent on the City. Detailed budgets of individual BIAs discussed in this report are set out in Appendix A.

The BIA Operating Budgets have provisions set aside for required capital cost-sharing contributions for those capital projects approved in 2023 or prior and carried forward into 2024, as well as new capital cost-share projects in the 2024-2033 Capital Budget and Plan for Economic Development and Culture through the 2024 Budget process.

The dates at which the 2024 Operating Budgets were adopted by the respective BIAs’ Boards of Management and General Membership are provided in Appendix B.

The General Manager, Economic Development and Culture recommends that:

1.  City Council remove the following directors from the Business Improvement Area Boards of Management set out below:

          The Eglinton Way

          Izeti, Kozeta

          Upper Village:

          Aboudi, Yacov (Jacob)

The purpose of this report is to make changes to The Eglinton Way and Upper Village Business Improvement Area Boards of Management, in accordance with the requirements of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. The Eglinton Way and Upper Village Business Improvement Areas fall within two Community Council boundaries.

There are no current or known future year financial implications resulting from the adoption of the recommendations contained in this report.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Executive Director, Corporate Real Estate Management, the General Manager, Toronto Shelter and Support Services and the Chief Procurement Officer recommend that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to negotiate and approve leases, licences and extension agreements in relation to the existing properties identified in Table 1 in Confidential Attachment 1, with the length of the term and the total compensation not exceeding that identified in Table 1 of Confidential Attachment 1, and on such other terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in consultation with the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor, subject to all related expenditures are funded in Toronto Shelter and Support Services' Approved Operating Budget.

2. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to negotiate and approve the acquisition of real estate interests for the Homelessness Services Capital Infrastructure Strategy that meet the criteria identified in Attachment 1, and on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in consultation with the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor, subject to all related expenditures being funded within the approved 10-Year Capital Plan for Toronto Shelter and Support Services.

3. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to approve pre-development and pre-construction costs for renovation/conversion/construction of properties into shelter related facilities suitable for the Homelessness Services Capital Infrastructure Strategy, including environmental site assessments, building condition assessments, designated substance surveys, feasibility studies, zoning reviews, site surveys, cost estimates and cost consultant reports, permits, architectural or engineering reports, select demolition for testing purposes, access agreements, or expropriation reports, appraisals, legal/closing costs related to acquisition of land and buildings, subject to all related expenditures being funded within the approved 10-Year Capital Plan for Toronto Shelter and Support Services.

4. City Council authorize the Deputy City Manager, Corporate Services and/or Executive Director, Corporate Real Estate Management to execute the agreements relating to the agreements referenced in Recommendation 1 and 2, and any ancillary agreements and documents on behalf of the City of Toronto.

5. City Council authorize the public release of Confidential Attachment 1 to the report from the General Manager, Toronto Shelter and Support Services, and the Executive Director, Corporate Real Estate Management upon the expiration of the last agreement of the leased and/or licensed premises, as Confidential Attachment 1 contains instructions to be applied to negotiations carried on or to be carried on by or on behalf of the City of Toronto.

6. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services and Chief Procurement Officer, to approve the development of pre-qualified lists of fast tracked project design and delivery suppliers, such as design builders, design consultants, engineering consultants, costs consultants, general contractors, and construction managers, to be assigned rotationally or through a second stage process and exceeds the roster work assignment limit of $250,000 per work assignment and enter into an agreement(s) with a value exceeding $500,000 for which Bid Award Panel, Committee or City Council approval would normally be required under the City of Toronto Municipal Code Chapter 195, to provide project management, pre-design, design, pre-development, pre-construction, construction, and post construction services for the renovation/conversion/construction of properties into shelter related facilities, suitable for the Homelessness Services Capital Infrastructure Strategy, provided that;

a. the procurement processes are completed in accordance with the City of Toronto Municipal Code Chapter 195, Purchasing, and associated policies and procedures;

b. the procurement is necessary to meet the timelines of the Homelessness Services Capital Infrastructure Strategy;

c. the costs are eligible for, and will be funded through, the Homelessness Services Capital Infrastructure Strategy, subject to being approved within the 10-Year Capital Pan for Toronto Shelter and Support Services; and

d. the terms and conditions of any such agreements are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

7. City Council in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law) grant authority to the General Manager, Toronto Shelter and Support Services, in consultation with Purchasing and Materials Management, to enter into the necessary amending agreements on terms and conditions satisfactory to the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor to increase the value and extend the term of ten (10) non-competitive blanket contracts and two (2) competitive blanket contracts outlined in Tables 1 and 2 of Attachment 2 of this report and contingent on funding in Toronto Shelter and Support Services' 2024 and 2025 Operating Budget.

8.  City Council direct the General Manager, Toronto Shelter and Support Services and the Executive Director, Corporate Real Estate Management, to report back annually through the Shelter Infrastructure Plan on the exercise of the authorities related to the acquisitions referenced in Recommendation 2.

This report presents the real estate strategy and recommendations to implement the new Homelessness Services Capital Infrastructure Strategy. The Homelessness Services Capital Infrastructure Strategy was approved by City Council in November 2023 and recommended a long-term, proactive approach for Toronto Shelter and Support Services to improve the stability and recovery of the shelter system and address the unprecedented demand for shelter beds. The Homelessness Services Capital Infrastructure Strategy focuses on developing purpose-built shelters, and a gradual transition out of COVID-19 shelter hotels. This real estate strategy was developed in collaboration with Corporate Real Estate Management, and is a companion report to the Homelessness Services Capital Infrastructure Strategy that seeks authorities from City Council required for the real estate and construction activities to implement the Homelessness Services Capital Infrastructure Strategy. The report also reports back on City Council direction to assess opportunities for property acquisition of currently leased sites, including motels that form part of the family and refugee shelter program, and to leverage sites for the dual purpose of shelter and transitional or permanent housing.

The real estate strategy focuses on three streams. The first is to obtain City Council authority to expedite the redevelopment of existing City-owned sites or acquiring new sites for permanent, purpose-built shelters with the goal of securing at least five (5) new shelter opportunities in 2024.  The new permanent shelters will focus on addressing specific groups including youth, families, and Indigenous populations with program models tailored to help clients meet their goals and create capacity to transition out of temporary sites. The second stream is the carefully managed transition plan for the COVID-19 shelter sites, with a focus on renewing existing leases and contracts to ensure stability until the new permanent shelter sites are operational. The extension of leases and contracts will focus on providing multi-year stability to shelter capacity, and to realize cost savings or cost avoidance. The third stream is the continued coordination with the Housing Secretariat on the HousingTO 2020-2030 Action Plan as a mechanism to manage the demand for shelter by providing affordable and supportive housing outcomes to transition people out of the shelter system, or to avoid entry into homelessness all together.

This report also requests authority to amend ten (10) non-competitive blanket contracts and two (2) competitive blanket contracts, established to support temporary shelter operations in hotels. This includes contracts for Infection Prevention and Control, custodial, and catering services.

All financial impacts resulting from the Homelessness Services Capital Infrastructure Strategy are subject to Council's annual approval of the 10-Year Capital plan and operating budgets.

The Homelessness Services Capital Infrastructure Strategy as approved by City Council, is estimated to require $674.5 million for capital requirements over the ten-year capital planning period (2024-2033). Cost estimates are inclusive of site acquisition, consulting fees, construction/development, community engagement, design, project staffing, fit up, and inflation, and would primarily cover the cost of permanent sites to replace approximately 1,280 beds in temporary COVID-19 hotel sites, in addition to a further 320 beds in other projects needed to support recovery and stability resulting from growth in the shelter system. Financial impacts for the full implementation of Homelessness Services Capital Infrastructure Strategy are currently unfunded and identified in the Capital Needs Constraints List for Toronto Shelter and Support Services in the 2024 Budget Submission.   

The lease extensions of COVID-19 hotels will have ongoing operating impacts to the shelter system depending on the results of negotiation with hotel owners. Confidential Attachment 1 outlines costs for the particulars of hotel extension agreements and their terms.  Funding is part of the base budget in the 2024 Operating Budget for Toronto Shelter and Support Services, subject to Council approval through the 2024 Budget Process.

This report also requests Council authority to:  

-  Amend ten (10) existing non-competitive blanket contracts and purchase orders for various services supporting the operation of the City's emergency shelter response at a total estimated cost of up to $17.81 million net of Harmonized Sales Tax (HST) recoveries in 2024 and up to $9.26 million net of HST recoveries in 2025 as detailed in Attachment 1, Tables 1; and

-  Amend two (2) existing competitive blanket contracts for various services supporting the operations of the City's emergency shelter response at a total estimated cost of up to $3.26 million net of HST recoveries in 2025 as detailed in Attachment 1, Tables 2.

The target value of the blanket contracts is non-committed and will be expensed at time of commitment to allow the City to continue to pay the vendor. The actual spending against these agreements will be limited to the Council Approved Toronto Shelter and Support Services' Operating budget.

The Chief Financial Officer and Treasurer has reviewed this report and has been informed of the financial implications associated with the Homelessness Services Capital Infrastructure Strategy and this report as contained in the Financial Impact Section, Attachment 2 and Confidential Attachment 1.

The Executive Director, Municipal Licensing and Standards recommends that:

1. City Council amend Toronto Municipal Code Chapter 591, Noise as follows:

Definitions

1. Add a definition of “Exemption Permit Screening Criteria” to mean “Criteria developed by the Executive Director in accordance with 591-3.2J and published by the Municipal Licensing and Standards Division.”

2. Add a definition of “Instrument Sound” to mean “Sound made by any musical instrument, including the unamplified playing of percussion instruments.”

3. Amend the definition of “Large Crane Work” to mean “The erection and dismantling of a crane or any other crane work that requires a road closure for the work.”

4. Amend the definition of “Leq” to mean “The continuous sound level which, for a specified time period, produces the same total sound energy as would the actual time-varying sound level. Also referred to as the energy equivalent sound level.”

5. Amend the definition of “Motor Vehicle” to mean “The same meaning as in section 1(1) of the Highway Traffic Act, 1990. This meaning is noted as follows, for reference purposes only: ‘Includes an automobile, a motorcycle, a motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a roadbuilding machine.’”

6. Amend the definition of “Persistent Noise” to mean “Any noise or sound-induced vibration that is continuously heard or felt for a period of ten minutes or more or heard or felt intermittently for a time totaling ten minutes over a period of one hour.”

7. Amend the definition of “Point of Reception” to mean “Any location on the premises of a person where sound originating from other than those premises is received. The following list provides examples of points of reception, and is not exhaustive:

(1) An outdoor area that is:

(a) near the façade of a building, at a height of 1.5 metres above ground, typically in backyards, front yards, terraces or patios; or

(b) on a balcony or elevated terrace (for example, a rooftop) provided it is not enclosed; or

(2) An indoor area that is inside a building.”

8. Amend the definition of “Power Device” to mean “Any equipment driven otherwise than by muscular power used in the servicing, maintenance or repair of property or lawns, including chainsaws, lawn mowers, leaf blowers, grass trimmers, power or pressure washers, or any other similar equipment. A power device does not include construction equipment as defined in this chapter or equipment used to remove snow or ice.”

9. Add a definition of “Sound-Induced Vibration” to mean “The oscillatory motion generated by sound waves that can be felt physically and which may be transmitted through solid structures, liquids, surfaces, or the ground.”

10. Amend the definition of “Stationary Source” to mean “A source of sound which does not normally move from place to place, including the premises of a person as one stationary source, unless the dominant source of sound on those premises is construction or a conveyance. A stationary source does not include a residential air conditioner or similar residential device.”

11. Amend the definition of “Unreasonable Noise” to mean “Any noise or sound-induced vibration that would disturb the peace, rest, enjoyment, comfort, or convenience of a reasonable person in the circumstances. Unreasonable noise does not include commonplace household or workplace sounds such as sound from furniture being moved, children playing or people engaging in conversation.”

12. Add a definition of “Waste Collection” to mean “The collection, transportation or removal of waste, including equipment being used to load, unload and transport containers for handling waste, but does not include the processing or disposal of waste.”

Amplified Sound

13. Remove the word “continuous” and change “amplified sound” to “amplified sound or instrument sound” in 591-2.1A and 2.1B.

14. Amend 591-2.1A and 2.1B to change “a point of reception in an outdoor living area” to “an outdoor point of reception in a living area” and “a point of reception in an indoor living area” to “an indoor point of reception in a living area”.

15. Amend 591-2.1.A(2) and B(2) to identify that the ambient sound level is “expressed in terms of Leq for a ten-minute period”.

16. Amend the quantitative limits for amplified sound in 591-2.1.B(1) such that it reads as follows “(1) That has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 42 dB(A) or 57 dB(C) from 11 p.m. to 7 a.m. or 50 dB(A) or 65 dB(C) from 7 a.m. to 11 p.m.”

Construction Noise

17. Amend the prohibition on construction noise, while maintaining current time prohibitions in 591-2.3, as follows “No person shall emit or cause or permit the emission of sound resulting from construction or any operation of construction equipment that is clearly audible:

 (1) from 7 p.m. to 7 a.m. the next day, except until 9 a.m. on Saturdays; and/or

 (2) all day on Sundays and statutory holidays.”

Motor Vehicle Noise

18. Amend the unnecessary motor vehicle noise prohibition so 591-2.5A reads as follows “No person shall emit or cause or permit the emission of sound resulting from unnecessary noise from a stationary motor vehicle that is persistent noise, such as the sounding of a horn, revving of an engine, or any like sound that is clearly audible at a point of reception.”

19. Replace 591-2.5C with the following “No person shall emit or cause or permit the emission of sound from a stationary motor vehicle exceeding the following when measured at least 50 cm from the exhaust outlet using a sound level meter:

(a) 92 dB(A) at idle; or

(b) 96 dB(A) at any engine speed greater than idle.”

Stationary Sources and Residential Air Conditioners

20. Replace 591-2.8 so that it reads as follows:

“A. No person shall cause or permit the emission of sound from a stationary source that, when measured with a sound level meter at a point of reception in an outdoor living area, has a sound level (expressed in terms of Leq for a one-hour period) exceeding (1) 45 dB(A) from 11 p.m. to 7.a.m. or 50 dB(A) from 7 a.m. to 11 p.m.; or (2) the sound level limit prescribed in provincial noise pollution control guidelines, if applicable.

B. If, during the course of an investigation related to Subsection A, a By-law Enforcement Officer determines it is not reasonable to measure from an outdoor point of reception in a living area, then no person shall emit or cause or permit the emission of sound from a stationary source, measured with a sound level meter at an indoor point of reception in a living area that has a sound level (expressed in terms of Leq for a one-hour period) exceeding (1) 40 dB(A) from 11 p.m. to 7.a.m or 45 dB(A) from 7 a.m. to 11 p.m.; or (2) the sound level limit prescribed in provincial noise pollution control guidelines, if applicable.

C. Subsections A and B do not apply to the emission of sound from a stationary source that is in compliance with a provincial Environmental Compliance Approval (ECA) or is an activity registered on the Environmental Activity and Sector Registry (EASR).

D. No person shall cause or permit the emission of sound from a residential air conditioner or similar residential device, measured with a sound level meter at an outdoor point of reception in a living area:

(1) That has a sound level (expressed in terms of Leq for a one-hour period) exceeding 45dB(A) from 11 p.m. to 7 a.m. or 50 dB(A) from 7 a.m. to 11 p.m.

(2) Where the ambient sound level (expressed in terms of Leq for a one hour period) exceeds the maximum sound level permitted under Subsection D(1), that has a sound level (expressed in terms of Leq for a one-hour period) exceeding the ambient sound level.

E. If, during the course of an investigation related to Subsection D, a By-law Enforcement Officer determines it is not reasonable to measure from an outdoor point of reception in a living area, then no person shall emit or cause or permit the emission of sound from a residential air conditioner or similar residential device, measured with a sound level meter at an indoor point of reception in a living area that has a sound level (expressed in terms of Leq for a one-hour period) exceeding 40 dB(A) from 11 p.m. to 7.a.m or 45 dB(A) from 7 a.m. to 11 p.m.”

Unreasonable and Persistent Noise

21. Amend 591-2.9C so that it reads as follows “C. Where a type of noise or sound is permitted in § 591-2.1 through § 591-2.8 but the noise or sound is also unreasonable and persistent noise, the Executive Director may, despite anything to the contrary in this chapter, require the person causing or permitting the noise or sound to obtain an exemption permit under § 591-3.2, and such person shall obtain and comply with the exemption permit.”

Noise Exemption Permits

22. Amend the title of 591-3.1 such that it reads as follows: “Public safety, government work, and waste collection”.

23. Amend the first paragraph of subsection 591-3.2A such that it reads as follows “A. Any person may apply for an exemption permit from a noise prohibition or noise limitation provision in this chapter, in connection with one or more events or activities, by filing the following with the Executive Director at least 28 calendar days prior to the start of the event or activity”.

24. Remove 591-3.2A(2) “The non-refundable application fee set out in Chapter 441, Fees and Charges”.

25. Amend subsection 591-3.2A(3) such that it reads as follows: “(3) Any information relevant to the application as requested by and to the satisfaction of the Executive Director including but not limited to: (a) Reasons supporting an exemption permit; (b) A noise mitigation plan;(c) a statement certified by a professional engineer or acoustical consultant for any sounds that are not technically or operationally feasible to control.”

26. Add subsection 591-3.2.A.1 as follows: “A.1. If an applicant wishes to apply for an exemption permit less than 28 calendar days prior to the proposed event or activity, the applicant must pay a late application fee in addition to the application fee set out in Chapter 441, Fees and Charges, as part of their application. The late fee requirement shall not apply to a person applying for a permit under 591-2.9C.

27. Add a new subsection to 591-3.2 as follows: “B. Upon receipt of an application under subsection A, the Executive Director shall assess the application in accordance with the Exemption Permit Screening Criteria in order to determine which level the application falls under for the purpose of determining applicable additional conditions under subsection F.1 and applicable fees”.

28. Amend subsection 591-3.2B to be “B.1” and amend the provision so that it reads as follows: “B.1. After assessment of an application under Subsection B, the Executive Director shall give written notice to the Councillor of any ward where each event or activity is to be held and, where each event or activity is to be held on a boundary street between wards, to the Councillors of the adjoining wards.”

29. Amend subsection 591-3.2C(1) so that it reads as follows “(1) All of the Councillors notified under Subsection B.1 have either, within 14 calendar days of the notice:

(a) Not responded; or

(b) Responded indicating that they have no objection to the application being approved.”

30. Add a provision to 591-3.2C(3) as follows: “(g) Any other information or documents that may be required by the Executive Director related to the exemption permit application.”

31. Amend subsection 591-3.2C(4) such that it reads as follows: “The applicant has paid all required fees, including the non-refundable application fee set out in Chapter 441, Fees and Charges.”

32. Add a provision to 591-3.2C: “(5) The applicant does not have any outstanding fines or fees with respect to this chapter”.

33. Amend subsection 591-3.2D(1) such that it reads as follows: “(1) A notice of the exemption permit shall be posted in a visible location determined by the Executive Director where each event or activity will occur 7 days prior to the start of the event or activity. This condition may be altered or waived by the Executive Director and if the applicant is unable to post a notice of the exemption permit at the physical location of the event or activity, the Executive Director may permit the permit holder to post it online in a conspicuous manner”.

34. Remove 591-3.2D(4) and replace it with updated decibel limits as follows: “(4) The sound emitted from any equipment shall not exceed a sound level (expressed in terms of Leq for a ten-minute period):

(a) For amplified sound, of 85 dB(A) or 105 dB(C) when measured from the lot line of the property where the event or activity is occurring; or

(b) For any other event or activity 85 dB(A) or 105 dB(C), when measured 20 metres from the source.”

35. Amend 591-3.2D(5) as follows: “Where the sound level exceeds the limits specified in Subsection D(4), the applicant shall comply with any request made by a police officer or a Bylaw Enforcement Officer with respect to the volume of sound.”

36. Amend 591-3.2D(6) by removing “sound equipment or construction.”

37. Amend 591-3.2D(8) as follows: “(8) The permission granted shall be for the date and times for each event or activity as set out by the Executive Director in the exemption permit.”

38. Add a provision to subsection 591-3.2D as follows: “(9) If required by the Executive Director, a copy of the exemption permit shall be posted in a visible location determined by the Executive Director for the duration of the event or activity. This condition may be altered or waived by the Executive Director and if the permit holder is unable to post a copy of the exemption permit at the physical location of the event or activity, the Executive Director may permit the permit holder to post it online in a conspicuous manner”.

39. Amend 591-3.2F to remove Subsection B as a requirement for an exemption permit for continuous concrete pouring or large crane work and replace 591-3.2F(b) so that it reads as follows “Notice for continuous concrete pouring and large crane work shall be distributed by the permit holder to those within a 120 metre radius of the activity at least 7 days prior to the start of such activity.”

40. Add the following provision to 591-3.2F as follows: “(c) The Executive Director shall provide a final copy of any exemption permit issued under this Subsection to the Councillor of any ward where such activity is to be conducted and, where the activity is to being conducted on a boundary street between wards, to the Councillors of the adjoining wards”.

41. Add Subsections F.1 and F.2 to 591-3.2 enabling activity-based exemption permits as follows:

“F.1 In addition to those conditions set out in Subsection D, where the noise described in an exemption permit application is categorized as ‘Level 2’ or
‘Level 3’ under the Exemption Permit Screening Criteria, the Executive Director may impose the following conditions on the exemption permit:

(1) The permit holder must distribute a notice of the exemption permit, in a form and manner satisfactory to the Executive Director, to those within a 120-metre radius of the activity at least 7 days prior to the start of the event or activity;

(2) The permit holder must adhere to specific orientation of equipment for the duration of the event or activity, as determined by the Executive Director;

(3) The permit holder must install sound dampeners or deadeners, or any other noise protection equipment determined by the Executive Director for the duration of the event or activity.

F.2. In determining which additional conditions under Subsection F.1 are appropriate, the Executive Director will consider criteria, including but not limited to:

(1) The duration of the event or activity and the hours the event or activity will be occurring;

(2) The total number of participants or attendees at an event or activity with amplified sound or the type of construction development;

(3) The proximity of the noise to a residential area and the likelihood that the noise for which an exemption is requested may negatively affect persons in that residential area; and

(4) The applicant’s compliance with this chapter, including any previous exemption permits, if any, issued to them.”

42. Add a section to 591-3.2 as follows: “I. Despite anything contained in § 591-3.2., where an application for an exemption permit is made by a not-for-profit organization, the not-for-profit organization will not be required to pay the exemption permit application fee in Chapter 441, Fees and Charges.”

Transition

43. Add subsection to 591-4.5 as follows: “C. All prosecutions and other enforcement processes commenced under this chapter between October 1, 2019, and May 31, 2024, which have not been completed on June 1, 2024, shall be completed as if the chapter had not been amended on that date.”

44. Add subsection to 591-4.5 as follows: “D. The provisions of this chapter do not apply to exemption permits granted between October 1, 2019, and August 31, 2024, provided that the holder of such permits continues to comply with the conditions of their original permits and that such permits are not revoked, terminated, and do not expire.

2. City Council delegate authority to the Executive Director, Municipal Licensing and Standards to establish exemption permit screening criteria in Toronto Municipal Code Chapter 591, Noise, in order to determine which level the exemption permit application falls under, for the purpose of determining applicable additional conditions and fees and amend Toronto Municipal Code Chapter 591, Noise by adding a section to 591-3.2 as follows:

“J. The Executive Director will develop Exemption Permit Screening Criteria for the purposes of categorizing types of events or activities contained in an exemption permit application and use the Exemption Permit Screening Criteria in the assessment of exemption applications, including determining the applicable conditions and applicable fees. The Exemption Permit Screening Criteria will categorize types of events or activities into levels depending on their impact, considering factors including the duration of the event or activity, the total number of participants expected (if applicable), the hours of the event or activity, the location of the event or activity in relation to a residential zone, the applicant’s historical level of compliance with Chapter 591, and any other criteria determined by the Executive Director, and such Exemption Permit Screening Criteria may be amended by the Executive Director from time to time.”

3. City Council amend Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by amending the following fees in the table below:

4. City Council amend Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by adding the associated fees in the table below:

5. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards to delete the noise permit application fee (Ref. No. 58).

6. City Council direct that the amendments above come into force on the following dates:

a. The amendments described in the following items take effect June 1, 2024:

        i. In Recommendation 1: Definitions (2 through 12); Amplified Sound (13-16); Construction               Noise (17); Motor Vehicle Noise (18-19); Stationary Sources and Residential Air Conditioners             (20); Unreasonable and Persistent Noise (21); Transition (43);

                ii. Recommendation 3; and

                iii. In Recommendation 4: Fee amounts for Monitoring by City staff.

b. The remaining amendments in Recommendations 1 and 4 and amendments in Recommendations 2 and 5, take effect September 1, 2024.

7. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor, and the Executive Director, Municipal Licensing and Standards.

8. City Council authorize the Executive Director, Municipal Licensing and Standards, to fund, using updated fee revenues recommended as part of this report, 1 permanent full-time Coordinator position to lead the administration of noise exemption permits within the Dedicated Noise Team, By-law Enforcement, Municipal Licensing and Standards Division.

9. City Council reiterate to the Government of Ontario its previous requests that the province:

a. Increase fines for violations of modified exhaust and excessive vehicle noise under the Highway Traffic Act, and that a violation results in demerit points; and;

b. Make necessary regulatory changes to enable the City of Toronto to initiate a noise activated camera/mobile automated noise enforcement pilot project.

10. City Council request the Government of Ontario:

a. Consider incorporating decibel limits for motor vehicles into the Highway Traffic Act or its regulations to ensure comprehensive and consistent enforcement of vehicle noise; and

b. Update provincial environmental noise guidelines, including but not limited to NPC-216 and NPC-300, and provide clear communications to the public and industry regarding the province’s role and authority related to noise from stationary sources.

11. City Council direct the Executive Director, Municipal Licensing and Standards to develop a process to monitor noise issues from waste collection operations and report back as necessary if issues need to be addressed.

12. City Council direct the Executive Director, Municipal Licensing and Standards to initiate public education efforts, as part of implementation of all approved amendments to Chapter 591, Noise, regarding the provisions of the Chapter, best practices for compliance, and steps taken by Municipal Licensing and Standards when a noise complaint is issued.

13. City Council authorize the City Solicitor, in consultation with Municipal Licensing and Standards, to amend or increase current set fines related to the recommendations in this report and express its support for higher set fine penalties for offences.

In a city as large and vibrant as Toronto, certain levels of noise are reasonable and reflect life in a densely populated city. Toronto Municipal Code, Chapter 591, Noise (“Noise By-law”) balances the city’s vibrancy with the needs of residents and visitors and provides time restrictions and sound level limits for various types of noise. The By-law works to set out clear and enforceable noise rules across the City, while providing flexibility to meet local needs.

As directed by City Council, the purpose of this report is to review the successes and challenges of the implementation of the comprehensive changes to the Noise By-law that were made in 2019, and to recommend refinements to the By-law. The amendments made in 2019 resulted in notable changes such as the introduction of sound level limits for amplified sound and motorcycles, enhancements to the noise exemption permit process, and the introduction of a dedicated noise enforcement team with late night coverage.

After a thorough review of the current Noise By-law in 2023, including extensive research scans, stakeholder engagement and technical advice from an acoustical engineering firm, staff recommend several refinements to the By-law, including:

• Modernizing the exemption permit process, such as introducing activity-based permits that differentiate higher and lower impact activities.
• For the amplified sound section, lowering nighttime indoor limits by 3 decibels and incorporating instrument sound into the section, with an associated definition.
• Implementing Council direction to add a motor vehicle noise decibel limit (in addition to limits currently in place for motorcycles), to be enforced alongside the Toronto Police Service (TPS).
• Introducing a pathway for residents to submit complaints on waste collection noise and for City staff to communicate with industry on persistent noise issues.
• Making technical amendments to definitions, such as clarifying the language of “point of reception” in the By-law to accommodate measurements from the property line of a point of reception as needed.
• Incorporating sound-induced vibration into the prohibition on “unreasonable and persistent” noise to enable a more sufficient response to public concerns about the health impacts of prolonged exposure to sound-induced vibration.

This report also includes several additional actions, including updating the 311 service requests (complaints) process, conducting a City-wide public education campaign, requesting the provincial government change legislation to allow for the City’s use of automated noise radar when the technology is ready, updating fees for noise exemption permits and noise monitoring along with an associated resource request to support upgrades to the noise exemption permit process, and operationalizing adjustments for sound level measurements, such as a penalty for tonal elements such as a hiss, hum, or buzz.

According to public opinion research conducted on behalf of the City in 2023, 51 percent of residents believe that noise levels in Toronto are reasonable and reflect life in a big city, while 49 percent believe that more needs to be done to restrict noise levels because of potential negative health consequences and impacts to quality of life and well-being. Managing and regulating noise is a complex undertaking and proposed changes attempt to maintain the balance of multiple competing interests of people living, working, and visiting the city.

This report was prepared in consultation with Legal Services, Technology Services, Toronto Public Health, and Solid Waste Management Services.

The proposed By-law amendments contained in this report include amending the noise exemption permit process and proposing new and updated user fees to support the process of administering noise exemption permits. Municipal Licensing and Standards reviewed the application and renewal fees to ensure they are based on a cost recovery model, are in alignment with the City’s User Fee Policy, and appropriately reflect operating and capital costs as well as updated permit service levels and delivery methods. Proposed amendments to Chapter 441, Fees and Charges, will result in an estimated $160,000 of additional revenue per year. Fees would include an annual adjustment based on the annual rate of inflation.

To support the administration of noise exemption permits, and organizational efforts of the dedicated noise enforcement team, staff recommend the addition of a Coordinator position to the Team. Municipal Licensing and Standards (MLS) projects this role to have a total annualized impact of approximately $132,000 on the operating budget, fully funded from additional proposed revenue increase. If the recommendations in this report are approved, the adjustments will be made to the operating budget through the subsequent 2024 variance report.

To support the processing of noise exemption permit applications, staff in the Technology Services Division (TSD) will be conducting significant technology upgrades to implement a new online exemption permit process. Technology Services Division will require a Corporate Application Technical Lead and a Senior Systems Integrator with a cost of $137,084 and $186,797 respectively. Funding for these resources will be supported in part by projected fee revenue increases, with additional costs managed within Municipal Licensing and Standards’ approved budget. Should additional resources be necessary, they will be requested as part of Municipal Licensing and Standards’ 2025 budget submission or subsequent reports to Council.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section.