Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - December 6, 2023

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

Communications/Reports

The General Government Committee will hear an overview presentation by the Executive Director, Customer Experience Division.

The General Manager, Toronto Water and the Chief Procurement Officer recommend that:

1. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023306 issued to Brenntag Canada Inc., for the supply and delivery of Liquid Chlorine for the City of Toronto’s drinking water treatment plants to increase the overall target value from $7,035,753 net of all taxes and charges ($7,159,582 net of HST recoveries) to $7,585,753 net of all taxes and charges ($7,719,262 net of HST recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47023306 issued to Brenntag Canada Inc., as a result of Request for Quotation Document Number 2519550243, for the supply and delivery of liquid chlorine at the City's four drinking water treatment plants.    

This amendment is requested in response to escalating unit costs resulting from reduced production capacity in the United States and increased raw material and transportation costs. revising the current Blanket Contract value from the amount of $7,035,753 net of all taxes and charges ($7,159,582 net of HST recoveries) to $7,585,753 net of all taxes and charges ($7,719,262 net of HST recoveries).

The General Management Committee approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five-year commitment limit for each vendor 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 71-11.1.

The total value of the Blanket Contract Amendment identified in this report is $550,000 net of all taxes and charges ($559,680 net of HST Recoveries) will increase the contract value from $7,035,753 net of HST to $7,585,753 net of HST ($7,719,262 net of HST Recoveries).

Funding is included in the Toronto Water 2024 Staff Prepared Operating Budget. Additional details follow in Table 1.

Table 1: Financial Impact Summary (Net of HST Recoveries)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Acting General Manager, Parks, Forestry and Recreation, and the Chief Procurement Officer recommend that:

1. The General Government Committee, in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grants authority to amend Purchase Order Number 6042796 issued to Baird Sampson Neuert Architects for the design of the New Pavilion and associated works in Humber Bay Park East by increasing the value by $496,251 net all applicable taxes and charges ($504,985 net of Harmonized Sales Tax Recoveries), from $1,059,422 net of all applicable taxes and charges ($1,078,068 net of Harmonized Sales Tax recoveries) to $1,555,673 net of all applicable taxes and charges ($1,583,053 net of Harmonized Sales Tax Recoveries).

The purpose of this report is to request authority to amend Purchase Order Number 6042796 issued to Baird Sampson Neuert Architects, as a result of Request for Proposal Document Number 9118-15-5070, for the provision of all professional and technical services including architectural drawings and contract administration for the new pavilion in Humber Bay Park East.

This purchase order amendment is requested to address changes in planning and design policies. During the design process, City Council adopted the Toronto Green Standards Version 4, Net Zero Carbon Plan, and the Toronto Accessibility Design Guidelines for City-owned facilities. These current Council-approved requirements were not included in the original scope of work for design services and impacted the design drawings that had been advanced based on the accessibility and current Green Standard requirements in place at that time. The updated planning and design policies necessitated a substantial redesign of the building, and associated work. Additional funding is required to cover the costs to address these changes, as per Request for Proposal (RFP) Document No. 9118-15-5070.

The total value of the purchase order amendment being requested is $496,251 net of all applicable taxes and charges ($504,985 net of Harmonized Sales Tax Recoveries), revising the current Purchase Order value from $1,059,422 net of all applicable taxes and charges ($1,078,068 net of Harmonized Sales Tax recoveries) to $1,555,673 net of all applicable taxes and charges ($1,583,053 net of Harmonized Sales Tax Recoveries).

The purchase order amendment request included in this report will increase the value of design services by $496,251 net of all applicable taxes and charges ($504,985 net of Harmonized Sales Tax Recoveries). This will increase the current purchase order value from $1,059,422 net of all applicable taxes and charges ($1,078,068 net of Harmonized Sales Tax recoveries) to $1,555,673 net of all applicable taxes and charges ($1,583,053 net of Harmonized Sales Tax Recoveries). 

Funding for this purchase order amendment is included in Parks, Forestry and Recreation's 2023 Council Approved Capital Budget and 2024-2032 Capital Plan

as summarized in Table 1 below (net of Harmonized Sales Tax recoveries). 

Table 1: Financial Impact Summary

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

The Acting General Manager, Parks, Forestry and Recreation, and the Chief Procurement Officer recommend that:

1. The General Government Committee, in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to amend Purchase Order Number 6042899 issued to DTAH - Du Toit Allsopp Hillier, for the provision of all professional and technical landscape architectural services for the Lower Don Trail Accessible Path to Riverdale Pedestrian Bridge and Implementation of Lower Don Trail Improvements Phase 2 by increasing the value by $178,678 net of all applicable taxes and charges ($181,822 net of Harmonized Sales Tax recoveries), from $460,288 net of all applicable taxes and charges ($468,389 net of Harmonized Sales Tax recoveries) to $638,966 net of all applicable taxes and charges ($650,212 net of Harmonized Sales Tax recoveries), and extend the purchase order delivery date from June 24, 2024 to November 30, 2026, to guarantee a two-year warranty inspection following construction.

The purpose of this report is to request authority to amend Purchase Order Number 6042899 issued to DTAH - Du Toit Allsopp Hillier, as a result of Request for Proposal Document Number 9118-15-5017, for professional and technical landscape architectural services for the Lower Don Trail Access Ramp to Riverdale Pedestrian Bridge and Site Improvements to Riverdale Park West

This purchase order amendment is requested to address required work within the original scope resulting from a delay to the project schedule due to unexpected circumstances and unforeseen site conditions that required obtaining additional approvals and permits to continue work.

The total value of the purchase order amendment being requested is $178,678 net of all applicable taxes and charges ($181,823 net of Harmonized Sales Tax recoveries), revising the current purchase order from $460,288 net of all applicable taxes and charges ($468,389 net of Harmonized Sales Tax recoveries) to $638,966 net of all applicable taxes and charges ($650,212 net of Harmonized Sales Tax recoveries). This amendment also requires an extension of the purchase order delivery date from June 24, 2024 to November 30, 2026, to guarantee a two-year warranty inspection following construction.

The purchase order amendment request included in this report will increase the total value of design services by an additional $178,678 net of all applicable taxes and charges ($181,823 net of Harmonized Sales Tax recoveries). This will increase the current purchase order value from $460,288 net of all applicable taxes and charges ($468,389 net of Harmonized Sales Tax recoveries) to $638,966 net of all applicable taxes and charges ($650,212 net of Harmonized Sales Tax recoveries).

Funding for this purchase order amendment is included in Parks, Forestry and Recreation's 2023 Council Approved Capital Budget and 2024-2032 Capital Plan as summarized in Table 1 below (net of Harmonized Sales Tax recoveries). 

Table 1: Financial Impact Summary

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

The Executive Director, Environment and Climate, and the Chief Procurement Officer recommend that:

1. The General Government Committee in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order Number 6050693 with Ecosystem Energy for the Comprehensive Energy Retrofit Project at Emergency Services Headquarters, 4330 Dufferin Street Toronto by an additional amount of $600,000 net of all taxes and charges ($610,560 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $6,614,145 to $7,214,145 net of all taxes and charges ($7,341,114 net of Harmonized Sales Tax recoveries) and to extend the Purchase Order delivery date to December 31, 2026.

The purpose of this report is to request authority to amend Purchase Order Number 6050693 issued to Ecosystem Energy for a Comprehensive Energy Retrofit Project at Emergency Services Headquarters, 4330 Dufferin Street Toronto.

The amendment is required due to the delay in building permit approval for the solar photovoltaic carport and unanticipated electrical issues at the site, resulting in an increase in the engineering, labour, and material costs.

The total value of the Purchase Order amendment being requested is $600,000 net of all taxes and charges ($610,560 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $6,614,145 to $7,214,145 net of all taxes and charges ($7,341,114 net of Harmonized Sales Tax recoveries) and to extend the Purchase Order validity date to December 31, 2026.

This project is funded by the City's Sustainable Energy Plan Financing program, and the overall increased purchase order amount will still meet the Sustainable Energy Plan Financing requirements of a positive Net Present Value  and payback under 20 years.

The total value of the Purchase Order amendment is  $600,000 net of all taxes and charges ($610,560 net of Harmonized Sales Tax recoveries), which will increase the purchase order value from $6,614,145 to $7,214,145 net of all taxes and charges ($7,341,114 net of Harmonized Sales Tax recoveries).

Funding is included in the Environment and Climate’s Sustainable Energy Plan Financing  Approved 2023 Capital Budget and 2024-2032 Approved Capital Plan as shown in Table 1 below.

Table 1 - Financial Impact Summary of Recommend Purchase Order Amendment

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact.

The Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Procurement Officer recommend that:

1. General Government Committee in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control Purchasing By-Law), grant authority to the Chief Engineer and Executive Director, Engineering and Construction Services to amend Purchase Order Number 6053871 with Parsons Inc., for the provision of additional contract administration and site inspection professional services for construction of the Downsview Transmission Watermain project from Keele Pumping Station to Sheppard Avenue West as well as Keele Pumping Station Upgrades, by an additional amount of $654,575 net of all taxes and charges ($666,096 net of Harmonized Sales Tax recoveries). This revises the current purchase order value from $2,391,683 to $3,046,259 net of all taxes and charges ($3,099,873 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Purchase Order Number 6053871, awarded under Request for Proposal 9117-18-7141, issued to Parsons Inc., for professional engineering services for the construction of the Downsview Transmission Watermain project.

The total value of the Purchase Order Amendment being requested is $654,575 net of all taxes and charges ($666,096 net of Harmonized Sales Tax recoveries). This revises the current purchase order value from $2,391,683 to $3,046,259 net of all taxes and charges ($3,099,873 net of Harmonized Sales Tax recoveries).

This project includes the Downsview Transmission Main, Keele Pumping Station Upgrades, and Basement Flooding Protection Program Storm Sewer Upgrades. The requested amendment is required to address the financial needs for additional professional services required during construction related to added Basement Flooding Protection Program scope and a deepened watermain alignment.

The General Government Committee approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five-year commitment limit for each vendor 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 71-11.1.

The total value of the Purchase Order Amendment identified in this report is $654,575 net of all applicable taxes and charges ($666,096 net of Harmonized Sales Tax recoveries).

Funding is included in Toronto Water's Approved 2023 Capital Budget and 2024-2032 Approved Capital Plan. Funding details with forecasted expenditures (net of Harmonized Sales Tax recoveries) are summarized in Table 1 below:

Table 1 - Financial Impact Summary for Purchase Order Number 6053871

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Acting General Manager, Fleet Services and the Chief Procurement Officer recommend that:

1. The General Government Committee to grant authority to the Acting General Manager, Fleet Services to award and enter into an agreement with Mid-Ontario Truck Centre, being the lowest bidder meeting the specifications of Request for Quotation Ariba Document Number 4098225992, for the supply and delivery of eight (8) latest model Mack cab-over truck chassis 27,448 KG (60,600 LBS) GVWR tandem axle, complete with 23 yd³ automated curbside loading refuse packer body, in the amount of $42,306,085 net of all applicable taxes and charges ($43,050,672 net of Harmonized Sales Tax recoveries) and in accordance with the Request for Quotation requirements.

The purpose of this report is to seek authority for the Acting General Manager, Fleet Services Division to award a Blanket Contract to Mid-Ontario Truck Centre, the lowest compliant bid received as a result of Request for Quotation Ariba Document Number 4098225992 for the supply and delivery of eight (8) latest model Mack cab-over truck chassis 27,448 KG (60,600 LBS) GVWR tandem axle, complete with 23 yd³ automated curbside loading refuse packer body, for a fixed period of five (5) years from January 10, 2024 to January 9, 2029, in the amount of $42,306,085 net of all applicable taxes and charges ($43,050,672 net of Harmonized Sales Tax recoveries), all in accordance with the terms, conditions, and specifications contained in the Request for Quotation, Ariba and any applicable City policy.

The total potential contract value exceeds the $20 million limit of the Bid Award Panel to award. This funding will be used to replace existing end-of-life organic waste collection trucks for the green bin program operated by the Solid Waste Management Services.

General Government Committee approval is required in accordance with Section 195-8.4 of the Toronto Municipal Code Chapter 195 (Purchasing By-law), where the current request exceeds the allowable threshold of $20,000,000 net of all taxes and charges.

The total potential contract award identified in this report including all optional purchases is $42,306,085 net of all applicable taxes and charges, and $47,805,876 including all applicable taxes and charges. The total potential cost to the City is $43,050,672 net of Harmonized Sales Tax recoveries.

For the mandatory purchases, funding in the amount of $3,713,940 net of HST recoveries is available in the 2023 Approved Capital Budget and 2024 – 2032 Capital Plan of Fleet Services for CFL008. Funding in the amount of $2,228,364 net of Harmonized Sales Tax recoveries for the balance of the first-year contract period has been requested in the 2024 Capital Budget Submission of Fleet Services Division as part of the annual budget review process.

Should the City choose to exercise the option to purchase the additional units, then appropriate additional funding, if needed, will be included in the 2024-2029 Capital Budget of Fleet Services Division. Funding details follow in Table 1.

Table 1: Financial Impact Summary of Recommended Blanket Contract (Net of Harmonized Sales Tax Recoveries)

The above cost calculations reflect a 5% Consumer Price Index adjustment applied annually to subsequent years cost after the initial one (1)-year period from January 10,  2024 to January 9, 2025.

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

The General Manager, Toronto Water and the Chief Procurement Officer recommend that:  

1. The General Government Committee, in accordance with Section 195-8.4A of Toronto Municipal Code Chapter 195 (Purchasing By-Law) grant authority to  the General Manager, Toronto Water to award and enter into an agreement with UBA Inc., being the lowest Supplier meeting the specifications of Request for Quotations Doc4230041922, for the non-exclusive supply and delivery of Sodium Hypochlorite, in the amount of $23,192,854 net of all applicable taxes and charges ($23,601,048 net of Harmonized Sales Tax recoveries) and in accordance with the RFQ requirements.

The purpose of this report is to advise of the results of the Request for Quotation Doc4230041922 for the non-exclusive supply and delivery of Sodium Hypochlorite for Toronto Water and request the authority to enter into an agreement with UBA Inc. in the amount of $23,192,854 net of all applicable taxes and charges ($23,601,048 net of Harmonized Sales Tax recoveries), for a period of one (1) year with the option to renew the Contract for four (4) additional separate one (1) year periods at the sole discretion of the City and subject to budget approval(s). Should the optional year(s) be exercised, the General Manager of Toronto will request the Chief Procurement Officer to process the renewals under the same terms and conditions.

The potential contract award identified in this report for Toronto Water, including all option years, is $23,192,854 net of all applicable taxes and charges and $26,207,925 including all applicable taxes and charges. The total potential cost to the City including all option years, is $23,601,048 net of HST recoveries.

Funding in the amount of $4,445,365 net of HST recoveries is included in the 2024 Staff Prepared Operating Budget for Toronto Water. Should the City choose to exercise its option(s) to renew for up to an additional four (4) separate one (1) year periods, then appropriate additional funding will be included in the 2025-2028 annual Operating Budget Submissions for Toronto Water.

The cost calculations for the option years reflect an annual estimated three percent (3%) inflationary increase commencing in 2025.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The General Manager, Transportation Services and the Chief Procurement Officer recommend that:

1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement from the date of award to July 31, 2025, with Tacel Ltd in the amount of $4,172,841 net of Harmonized Sales Tax ($4,246,283 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services, 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 Tacel Ltd. for the supply and delivery of the Polara Accessible Pedestrian Signals System Components and Central Control Units.  The contract initial period will commence from the date of award to July 31, 2025, with three (3) additional option year renewals, in the total amount of $4,172,841 net of Harmonized Sales Tax ($4,246,283 net of Harmonized Sales Tax recoveries).

A contract was originally awarded to Tacel Ltd. in 2013 resulting from competitive call Request for Quotation number 1205-13-0133 which had only one submission. The sole bidder, Tacel Ltd., was awarded the contract. A new Request for Quotation number 1205-17-0320 was issued on September 11, 2017 and was subsequently canceled because it was determined that Tacel Ltd. is the exclusive distributor. A letter from the manufacturer confirms the exclusive distributorship of Tacel Ltd. for Polara products.      

The new Contract is requested to continue procurement of Accessible Pedestrian Signals and Central Control Units, formerly known as Audible Pedestrian Signals, which advise pedestrians who are blind, visually impaired or deaf-blind when they have the right-of-way to cross at a signalized intersection and in which direction they may cross the intersection. Tacel Ltd. is the exclusive distributor of the Polara Accessible Pedestrian Signals and Central Control Units.

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five year commitment 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 total potential contract value identified in this report is $4,172,840.64, net of Harmonized Sales Tax. The total potential cost to the City including the optional period is $4,246,282.64, net of Harmonized Sales Tax recoveries.

Funding is available in the 2023 Approved Operating Budget of Transportation Services. Additional funding for the remainder of the initial contract period will be included in the 2024 Operating Budget Submission for Transportation Services. Should the optional periods be exercised, additional funding will be included in the 2025-2028 Operating Budget Submissions for Transportation Services. Additional funding details are provided in Table 1 to follow:

Table1: Financial Impact Summary of Recommended Contract (net of Harmonized Sales Tax recoveries)

The Interim Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Technology Officer and the Chief Procurement Officer recommend that:

1. The General Government Committee grant authority to the Chief Technology Officer to execute a contract with CompuCom Canada Co. to the value of $32,000,000 net of all taxes and applicable charges ($32,563,200 net of Harmonized Sale Tax Recoveries) for an initial term of 1.5 years to May 2025 and two (2) additional one-year terms to May 2027, leveraging the Province of Ontario’s Vendor of Record agreement that was established through a competitive process.

The purpose of this report is to seek authority to leverage “The Ontario Master Agreement” for personal computing devices and services with CompuCom Canada Co. The cost will be $32,000,000 net of all applicable taxes and charges ($32,563,200 net of Harmonized Sales Tax Recoveries) over a 3.5-year contract term for the supply, delivery, installation and warranty of desktops, notebooks, tablets and other related products and services for City staff.

Technology Services Division is responsible for providing all City staff with personal computing devices and services such as desktops, laptops, tablets and related hardware and accessories. This service supports procurement and lifecycle management of end user technology equipment for over 20,000 staff across all City of Toronto Divisions.

Since September 2019, the City procured its personal computing devices and services competitively through the City’s centralized blanket contract with CompuCom Canada Co. This contract expired effective September 19, 2023 and a short-term bridge contract was put in place to satisfy urgent technology requirements until a new contact is in place in the first quarter of 2024.

In May 2022, the Province of Ontario competitively procured CompuCom Canada Co. as its Vendor for the provision of desktop management services and products, such as desktops, notebooks, windows tablets, monitors and peripherals (accessories). The initial term of the Agreement is for three (3) years, with the option to extend the Agreement on the same terms and conditions for up to two (2) additional one-year terms. This report seeks to utilize the Province’s Vendor of Record agreement with CompuCom Canada to take advantage of superior pricing and terms with the added benefit of saving staff time and resources that would otherwise be used to execute a separate procurement.

General Government Committee approval is required in accordance with Municipal Code Chapter 195, Purchasing, Article 8.4.A.(4) as the current cumulative contract value exceeds the Chief Purchasing Officer's and the Bid Award Panel’s authority threshold of $20,000,000 net of Harmonized Sales Tax.

The total contract expenditure is $32,000,000 net of all taxes and charges ($32,563,200 net of Harmonized Sale Tax Recoveries). Financial impacts are summarized in Table 1 as follows:

Table 1 – Financial Impact Summary of Recommended Contract (Net of Harmonized Sales Tax Recoveries)

Capital Funding in the amount of $22,794,240 net of Harmonized Sale Tax Recoveries for the contract term to May 2027, has been included in the approved 2023 Capital Budget and 2024-2032 Capital Plan for the Technology Services Division. This is a regular state of good repair component of the lifecycle replacement plan.

Other Operating and Capital Budget:

City Divisions also order equipment on an as-required basis for non-lifecycle management purchases of additional devices and accessories, as approved in and supported by their respective Capital and Operating budgets.  While the purchases will fluctuate based on divisional requirements and other unforeseen factors, including Workplace Modernization initiatives, new hires, and continued conversion to a hybrid/mobile workforce, the contract value takes this into account based on historical averages.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Executive Director, Corporate Real Estate Management recommends that:  

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal attached as Appendix A.

2. City Council authorize and direct the City to pay $200 in costs arising from the hearing to the expropriated owner, 6524443 Canada Inc. (the "Owner"), in accordance with the Expropriations Act.

3. City Council, as approving authority under the Expropriations Act, approve the expropriation for the full, and the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, as set out in Appendix B and shown in Appendix C (the "Property Requirements"), for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project.

4. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and the execution and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

5. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to execute the Notices of Expropriation and Notices of Possession, obtain an appraisal report to value the Property Requirements, and to prepare, execute, serve and pay out Offers of Compensation on all registered owners of 2 Bloor Street East and 90 Bloor Street East, at the appraised value, all in accordance with the requirements of the Expropriations Act.

6. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of the compensation payable to the Owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

On May 11, 2022, City Council authorized the initiation of expropriation proceedings for the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, and on July 19, 2022, City Council further authorized the initiation of expropriation proceedings for the full fee simple taking of the freehold property located at 2 Bloor Street East, for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project (the "Project").

This report relates to the second stage of the expropriation process for both expropriations. During the first stage and in accordance with the Expropriations Act (the "Act"), Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary.

On July 6 and 7, 2023, a hearing was held by the Ontario Land Tribunal with respect to the proposed full fee simple taking, and the partial fee simple and temporary easement takings of 2 Bloor Street East. The City subsequently received a report from the Ontario Land Tribunal on December 4, 2023, concluding that the proposed takings of 2 Bloor Street East is for a critical and necessary public purpose with a critical schedule, therefore it is recommended that the expropriation proceed as proposed. No hearing was requested or held in respect of 90 Bloor Street East.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A, must be considered by City Council before it exercises its discretion as approving authority to authorize the expropriation by this second stage report. If authorized, the Expropriations Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties. 

The property requirements are set out in Appendix B and shown on the reference plans attached in Appendix C.

Confidential Attachment 1 to this report identifies the initial estimated market value of the Property Requirements to be expropriated.

The costs to acquire the Property Requirements will be funded from the 2023-2032 Council Approved Capital Budget and Plan for the T.T.C. under capital project account CTT155-01 Yonge-Bloor Capacity Improvement.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial information.

The Executive Director, Corporate Real Estate Management recommends that:  

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal attached as Appendix A.

2. City Council, as approving authority under the Expropriations Act, approve the expropriation of the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”), as set out in Appendix B and as identified as Part 1 on the draft Expropriation Plan attached as Appendix B1.

3. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and the service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

4. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to prepare, execute and serve offers of compensation based on a report appraising the market value of the Property in accordance with the requirements of the Expropriations Act.

5. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all compensation payable to the owners by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

On March 9, 2022, City Council authorized the initiation of expropriation proceedings for the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”) for the purpose of creating permanent affordable rental housing.

On October 6, 2023, a hearing was held by the Ontario Land Tribunal in respect of the proposed full fee expropriation. The City subsequently received a report from the Ontario Land Tribunal on December 11, 2023, concluding that the proposed taking is fair, sound and reasonably necessary in the achievement of the objectives of the City.

To comply with the legislative requirements of the Expropriations Act, the report of the Ontario Land Tribunal, attached as Appendix A, must be considered by City Council before it exercises its discretion as approving authority to approve the expropriation.

This report seeks the approval of City Council, as approving authority under the Expropriations Act, of the proposed expropriation and authorization for the City, as expropriating authority under the Expropriations Act, to serve all required statutory notices and make offers of compensation in accordance with the Expropriations Act.

The Property is set out in Appendix B and shown on the draft expropriation plan as Appendix B1.

Following the completion of expropriation proceedings, staff will report back to Council on any next steps or direction required to advance the permanent affordable housing program at the site.

Confidential Attachment 1 to this report identifies the initial estimated value of the Property to be expropriated. 

Funding to expropriate the Property and disburse all anticipated costs associated with the proposed expropriation has been included in the Housing Secretariat’s 2024 Capital Budget, pending Council approval.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial information.

The Executive Director, Corporate Real Estate Management recommends that:

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal in respect of the properties municipally known as 2 and 4 Greenview Avenue attached as Appendix A.

2. City Council, as approving authority under the Expropriations Act, approve the expropriation of the fee simple interests of the properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, as set out in Appendix B, and those properties for which partial takings are required as set out in Appendix C, for the purposes of constructing the Beecroft Road Extension Project.

3. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of the requisite Expropriation Plans, and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

4. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to obtain an appraisal report to value 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, and to prepare and serve Offers of Compensation on all registered owners of 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, at the appraised value, all in accordance with the requirements of the Expropriations Act. If amicable acquisitions of the Property Requirements cannot be completed to accommodate the timelines of the Beecroft Road Extension Project.

5. City Council authorize the Director, Corporate Real Estate Management, or their designate, to sign the Offer of Compensation for the owners of the Property Requirements, on behalf of the City. 

6. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of the compensation payable to the owners of the Property Requirements by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

On June 15 and 16, 2022, City Council authorized the initiation of expropriation proceedings for the fee simple interests of the ten properties municipally known as 2,4, 6, 18, 22, and 24 Greenview Avenue, 36, 38 and 41 Hendon Avenue and 5754 Yonge Street for the purpose of constructing Transportation Services' Beecroft Road Extension Project (the "Project").

This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Expropriations Act (the "Act"), Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request a hearing of necessity (a “Hearing”) into whether the proposed taking is fair, sound, and reasonably necessary.

On March 6, 2023, a Hearing was held by the Ontario Land Tribunal with respect to the fee simple interests required from the owners of the properties municipally known as 2 and 4 Greenview Avenue. The City subsequently received a report from the Ontario Land Tribunal on November 29, 2023, concluding that the proposed takings of 2 and 4 Greenview Avenue are fair, sound and reasonably necessary.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A to this report, must be considered by City Council before it exercises its discretion as approving authority under the Act to approve the expropriation of 2 and 4 Greenview Avenue.

No Hearing was requested or held in respect of 6, 18, 22 or 24 Greenview Avenue; 36 or 41 Hendon Avenue; or 5754 Yonge Street. A Hearing was requested for 38 Hendon Avenue, but was subsequently withdrawn by the property owner and no Hearing occurred.

This report seeks the approval of City Council, as approving authority under the Act, of the proposed expropriation of the nine properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue (collectively known as the "Property Requirements"). If authorized, the Expropriation Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties. 5754 Yonge Street is not included at this time due to site specific challenges and authority will be sought at a later date.

The Property Requirements are set out in Appendix B.

Confidential Attachment 1 to this report identifies the initial estimated values of the Property Requirements.

Funding to acquire the Property Requirements and to disburse all anticipated costs associated with the proposed expropriation is available in the 2023-2032 Approved Capital Budget and Plan for Transportation Services under account CTP822-01-01 Beecroft Extension, categorized as growth related.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.