Agenda

This meeting of the Infrastructure and Environment 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.

To provide comments or make a presentation to the Infrastructure and Environment Committee:

The public may submit written comments or register to speak to the Committee on any item on the agenda. The public may speak to the Committee in person or by video conference.

Written comments may be submitted by writing to iec@toronto.ca.

To speak to the Committee, please register by e-mail to iec@toronto.ca or by phone at 416-392-4666. Members of the public who register to speak will be provided with instructions on how to participate in the meeting. 

Special Assistance for Members of the Public: City staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-392-4666, TTY 416-338-0889 or e-mail iec@toronto.ca.

Closed Meeting Requirements: If the Infrastructure and Environment 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 Infrastructure and Environment 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.

Many Committee, Board, and Advisory Body meetings are broadcast live over the internet for the public to view. If you speak at the meeting you will appear in the video broadcast. Video broadcasts are archived and continue to be publicly available.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-4666. 

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 and Boards.

  ____________

Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - March 27, 2024

Speakers/Presentations - The speakers list will be posted online at 8:30 a.m. on May 2, 2024.

Communications/Reports

The General Manager, Transportation Services recommends that:  

1. City Council continue to decline the option to participate in O.Reg 389/19 – Pilot Project – Electric Kick-Scooters.

2. City Council opt in to participate in O. Reg. 215/17 Pilot Project - Low-Speed Vehicles  generally as outlined in the report dated April 18, 2024 from the General Manager, Transportation Services, titled "A Micromobility Strategy for Toronto".

3. City Council amend City of Toronto Municipal Code Chapter 950, Traffic and Parking, as follows:

a. By inserting a new definition of "Low-Speed Vehicle" in Section 950-101B in alphabetical order, to read as follows:

"LOW-SPEED VEHICLE - means a motor vehicle as defined in Ontario Regulation 215/17 Pilot Project - Low-Speed Vehicles, as amended, made under the Highway Traffic Act. In the event that a low-speed vehicle is otherwise defined in the Highway Traffic Act and its regulations, low-speed vehicle shall then have the meaning as defined in the Highway Traffic Act and its regulation."; and

b. By inserting a new section 950-200F, which states, "No person shall operate or permit the operation of a low-speed vehicle on a highway unless the vehicle meets, and is operating in accordance with, the requirements in Ontario Regulation 215/17."

4. City Council amend City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-For-Hire, to prohibit the use of low-speed vehicles as taxicabs, limousines, and private transportation company vehicles.

5. City Council direct the General Manager, Transportation Services to report back at the end of the provincial pilot project for low-speed vehicles in 2027, or sooner as requested, to the appropriate Committee with an evaluation of the operation of low-speed vehicles on city streets and any recommended policy and by-law changes, based on the evaluation and in consultation with relevant internal and external interested and affected parties.

6. City Council request the General Manager, Transportation Services, in consultation with relevant internal Divisions and Agencies, Boards and Commissions, and external interested and affected parties, to convene a multi-partner table, including but not limited to food delivery app companies, gig workers, the Toronto Association for Business Improvement Areas, and community groups representing persons with disabilities, pedestrians, seniors, and cyclists, and relevant Divisions and Agencies, Boards and Commissions, to collaborate on a public education campaign on the rules of the road, safe riding skills, and other initiatives to address concerns that arise, and to work collectively to address safety issues.

7. City Council request the Toronto Police Services Board to request the Chief of Police, in consultation with the General Manager, Transportation Services, to conduct an educational blitz in the summer of 2024, and in the spring and the fall beginning in 2025 to enhance public awareness of key safety issues, i.e. illegal sidewalk riding, wrong way riding in cycle tracks, illegal e-moped use in cycle tracks, and illegal parking in bike lanes.

8. City Council request the Ministry of Transportation of Ontario to establish set fines under the Highway Traffic Act for use of micromobility vehicles which are not compliant with the definitions and / or recommendations under the Highway Traffic Act, and to communicate those set fines to police services across Ontario.

9. City Council request the Ontario Ministry of Finance and the Financial Services Regulatory Authority of Ontario to consult the insurance industry and other relevant parties on developing mandatory first and third party insurance requirements for micromobility vehicles and their operators and to establish a micromobility accident fund accessible to those who are injured in micromobility incidents where no insurance exists to respond to their claim.

10. City Council request Transport Canada to regulate micromobility vehicle safety and battery safety requirements, standards, testing and labelling, for point of sale and importation; and in creating those regulations, to consult with key interested and affected parties with expertise in micromobility vehicle design and safety, and universal accessibility.

11. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council 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 or General Manager, Transportation Services, in order to give effect to the adopted recommendations.

Micromobility is a term for small, low speed, light weight vehicles - including bicycles, cargo bikes / trikes, folding bikes, electric two / three / four-wheeled cycles, electric kick-scooters (e-scooters), e-mopeds, and electric mini-cars. Their use / ownership may be personal / private, shared / rental, or commercial / corporate (e.g. for deliveries). In July 2023, Council requested a strategy to address growing micromobility usage and its safe operation within the city. Council also requested that staff recommend whether to opt in to additional pilot projects under the Ontario Highway Traffic Act. To inform this report, Transportation Services staff reviewed other jurisdictions and conducted extensive public engagement, and consulted internally with over 20 City Divisions, agencies, boards and commissions.

This report outlines key policy goals for the strategy and the criteria against which new micromobility opportunities are assessed: these are safety, mobility, the environment, equity and inclusion, health and public health, economic vitality, costs and liability. Staff previously recommended, and Council adopted, participation in two Ontario Highway Traffic Act pilot projects: 1) cargo power-assisted bicycles (2021) that are widely applicable for family use / commuters and for parcel deliveries by companies (such as Fed Ex and Purolator) and 2) large quadricycles (2022). In 2021, based on staff recommendation, Council declined opting in to the e-scooter pilot. This report assesses the opportunities for the low-speed vehicles pilot, and again for e-scooters. Applying the criteria, staff recommend opting in to pilot low-speed vehicles and continuing to decline to opt in to the e-scooter pilot. Any potential benefits of an e-scooter pilot appear to be outweighed by negative impacts on injuries to riders and non-riders, costs and liability to the City, and mode shift (mostly replacing walking and public transit).

The proposed strategy emphasizes the need for a holistic approach to ensuring micromobility safety, including the importance of safe infrastructure, its design and maintenance. Public engagement and collaboration with external and internal partners will also be key to address micromobility safety and food delivery industry issues, such as safe riding and battery fire prevention. Licensing micromobility is not recommended as the City does not have the powers under the City of Toronto Act, 2006 to license couriers, as well as several other reasons including jurisdiction, cost, ineffectiveness and impacts on environmental and equity goals. Key next steps are a concerted public education campaign on the rules for micromobility in Toronto; and involvement of federal and provincial governments in supporting micromobility.

Transportation Services confirms that there are no financial implications for this budget year resulting from the recommendations included in this report. Any financial impacts for future years’ budget will be included in the 2025 Budget submission. The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Toronto Accessibility Advisory Committee recommends that the Infrastructure and Environment Committee recommend that:

1. City Council direct the General Manager, Transportation Services conduct no further electric kick-scooter (e-scooter) pilots or trials, because e-scooters:

a. present a significant safety hazard;
 

b. cause serious injuries;

c. are a barrier to accessibility; and

d. enforcement is untenable.

At its meeting on February 5, 2024, the Toronto Accessibility Advisory Committee considered Item DI5.1 and a recommendation to City Council.

The General Manager, Transportation Services recommends that:

1. City Council authorize the installation of the eglintonTOday Complete Street Project on Eglinton Avenue from Bicknell Avenue to Mount Pleasant Road.

2. City Council authorize the installation of the following bikeway projects on:

a. Croham Road from Eglinton Avenue West to Bowie Avenue, contra-flow bike lanes;

b. Glen Cedar Road from Eglinton Avenue West to Dewbourne Avenue, contra-flow bike lanes; and

c. Jimmy Wisdom Way from Eglinton Avenue West to Hopewell Avenue, bicycle lanes and contra-flow bike lanes.

3. City Council delegate, despite any City of Toronto By-law to the contrary, to the General Manager, Transportation Services, until November 1, 2027, for the purposes of implementing and then addressing operational and safety issues that may arise in relation to the projects identified in Recommendation 1, the authority to implement changes and process and submit directly to Council any necessary bills for by-law amendments to the schedules to City of Toronto Code Chapters on the streets and within the parameters as identified in Attachment 1 to the report (April 19 2024) from the General Manager, Transportation Services, and that such by-laws submitted be made permanent on November 1, 2027.

4.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to Council's decision, including the introduction in Council of any and all bills that may be required.

5. City Council amend the traffic and parking regulations required in Chapter 950, as generally described in Attachment 2 - Technical Amendments to implement the eglintonTOday Complete Street Project.

6. City Council authorize the installation of a traffic control signal at the intersection Eglinton Avenue West and Croham Road.

7. City Council reduce the speed limit from 50 kilometres per hour to 40 kilometres per hour on Eglinton Avenue from a point 277 metres west of Bicknell Avenue to Mount Pleasant Road.

8. City Council approve one (1) new temporary position to oversee the delivery and monitoring of the eglintonTOday Complete Street Project, and associated streetscape plan project delivery, with the duration of the temporary position to be up to three years in length be added to the 2024 Council Approved Operating Budgets of Transportation Services as follows: $96,000 gross, and $0 net, all funded in the approved 2024-2033 Capital Budget and Plan for Transportation Services.

With Metrolinx's construction of the Eglinton Crosstown Light Rail Transit nearing completion, Transportation Services has been preparing to complete roadway resurfacing of the Eglinton Avenue corridor, including the installation of the eglintonTOday Complete Street Project between Bicknell Avenue and Mount Pleasant Road - marking the end of over a decade of construction.

The City-Council endorsed Eglinton Connects plan articulates a vision for Eglinton Avenue as a complete street with wide sidewalks, raised bikeways, motor vehicle parking and rapid transit, and is aligned with the City's Vision Zero Road Safety Plan, TransformTO Net Zero Strategy and Cycling Network Plan policy goals.

The eglintonTOday project seeks to build on the transit investment in order to achieve key elements of the Eglinton Connects vision. The project design was developed with two years of public, business, and resident group feedback, extensive traffic analysis, and a context-sensitive approach making the street safer, more inviting, and attractive, while maintaining access for people who drive.

As part of this project, three north-south local bikeways connecting Eglinton Avenue and nearby trails are proposed on Croham Road, Glen Cedar Road, and Jimmy Wisdom Way.

The purpose of this report is to seek Council authority to install 8.06 centreline kilometres of new complete street features including bikeways along with the resurfacing of Eglinton Avenue. The proposed bikeways will close the gaps between the existing disconnected cycle tracks built at the frontages of 9 above-ground Eglinton Crosstown Light Rail Transit stations, and west of Bicknell Avenue and between Avenue Road and Holly Street, and provide connecting local cycling routes, on the following streets:

- Eglinton Avenue: Bicknell Avenue to Mount Pleasant Road (cycle tracks, Wards 5, 8, 9, and 12)

- Croham Road: Eglinton Avenue West to Bowie Avenue (contra-flow bike lanes, Ward 8)

- Glen Cedar Road: Eglinton Avenue West to Dewbourne Avenue (contra-flow bike lanes, Ward 12)

- Jimmy Wisdom Way: Eglinton Avenue West to Hopewell Avenue (bicycle lanes and contra-flow bike lanes, Ward 8)

The project proposes to implement complete street features including cycle tracks, curb extensions, pedestrian head start signals, and public realm upgrades on Eglinton Avenue between Bicknell Avenue and Mount Pleasant Road by reassigning some of the existing vehicular space to accommodate parking, bikeways, seasonal patio extensions, and other complete street features, and to fit within the existing curb to curb space:

- Between Keele Street and Caledonia Road, two westbound motor vehicle lanes and one eastbound motor vehicle lane are proposed to be maintained, generally with on-street parking on one side.

- Between Caledonia Road and Oakwood Avenue, one motor vehicle lane in each direction are proposed to be maintained with parking on both sides.

- Between Oakwood Avenue and Spadina Road, two westbound and two eastbound motor vehicle lanes are proposed to be maintained in the peak hours, with off-peak parking allowed in both curb lanes.

- Between Spadina Road and Mount Pleasant Road, one westbound and one eastbound motor vehicle lane with parking on one side is proposed to be maintained to match the Metrolinx delivered section between Yonge Street and Avenue Road.

If the continuous cycle tracks are not approved for installation, Transportation Services would recommend that the short segments of disconnected cycle tracks already built in front of the underground stations be closed. Without connecting bikeways, these short segments have limited utility for people cycling and would require people cycling to merge in and out of higher speed motor vehicle lanes, resulting in safety issues and confusion around where people cycling should be on the road.   

Subject to approval from Council, Transportation Services would implement the complete street project between Bicknell Avenue and Mount Pleasant Road starting in summer 2024, in conjunction with road resurfacing, sidewalk repair, and TTC bus stop changes to prepare for the opening of the Eglinton Crosstown Light Rail Transit.

In the vicinity of the Eglinton Avenue and Allen Road intersection, the complete street project for the section between Old Park Road / Glen Cedar Road and Marlee Avenue would be implemented only after adjustments are made to improve traffic operations at the intersection.

There are five Business Improvement Areas within the project limits. The Business Improvement Areas are at the initial stages of planning for near term streetscape enhancements. Business Improvement Area streetscape plans will identify elements such as parkettes, gateway features, enhanced pedestrian infrastructure, green infrastructure, street furniture, lighting, activation strategies, branding opportunities, bicycle parking and maintenance and management guidelines. 

Transportation Services has identified funding to support the delivery of the Business Improvement Areas' key streetscape enhancement projects and has committed to leading a multi-divisional team to leverage resources and identify opportunities to implement elements of the Business Improvement Area streetscape plans. Given the time required for the Business Improvement Areas to complete streetscape plans, design, and construction tendering, delivery of priority streetscape enhancements is anticipated to begin at the earliest in 2026.

As part of this report, Transportation Services is continuing to utilize the streamlined reporting process for by-law amendment submissions associated with cycling infrastructure projects approved by Council for implementation. Once projects are approved by Council, the streamlined process involves delegation of authority to submit bills directly to Council for a discreet period of time (approximately two years after project implementation is anticipated) which enables Transportation Services to make minor adjustments to constructed conditions without delay and based on local Councillor and public feedback, such as parking adjustments to improve sightlines, adjustments or addition of accessible loading areas, and similar modifications.

It is proposed that later in 2024, Transportation Services would begin the design and public consultation on the second phase of the eglintonTOday project between Mount Pleasant Road and Brentcliffe Road, with a report to Infrastructure and Environment Committee on recommendations for Phase 2 anticipated in 2025.

The estimated cost to implement the road resurfacing, sidewalk improvements, bikeways, and other complete street features as well as one position recommended in this report is $7,500,000. Funding is available for these capital projects categorized as a service improvement and enhancement in the approved 2024-2033 Capital Budget and Plan for Transportation Services.

A new temporary full-time equivalent position is proposed for addition to the approved 2024 Operating Budget. The position, along with its associated cost of $96,000 gross and $0 net, will be fully funded in the approved 2024-2033 Capital Budget and Plan for Transportation Services.

The annual funding required to maintain the new cycling infrastructure once constructed is expected to be approximately $88,000 for sweeping and $184,000 for winter maintenance. Funding for this maintenance can be accommodated within the approved 2024 Operating Budget for Transportation Services. Funding required for ongoing maintenance costs would be considered as part of future operating budget submissions for Transportation Services.

The addition of approximately 165 Pay and Display on-street parking spaces proposed in the report would increase Toronto Parking Authority's annual net revenue by an estimated $163,000.  

All costs associated with the necessary signage changes will be assumed by Transportation Services. All costs associated with the installation of parking machines will be assumed by the Toronto Parking Authority.

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

The General Manager, Transportation Services recommends that:  

1. City Council give authority to allow the Billy Bishop Airport Shuttle Bus to utilize the King Street Transit Priority Corridor.

2. City Council approve the amendments to City of Toronto Municipal Code Chapter 950, Traffic and Parking, associated with the above Recommendation generally as outlined in Attachment 1 to the Report (April 18, 2024) from the General Manager, Transportation Services.

King Street is a significant east-west corridor in the Downtown, serving the largest concentration of jobs in the entire country. King Street is also a key destination for culture, heritage, entertainment, and retail uses, along with significant residential intensification along the King Street Transit Priority Corridor and in the downtown more generally.

The 504 King streetcar is the busiest surface transit route in the city and services the King Street Transit Priority Corridor, between Bathurst Street and Jarvis Street. The Transit Priority Corridor aims to provide customers with improved transit reliability, speed, and capacity by giving priority to streetcars over private vehicles. It also provides customers with a critical transit connection, particularly with significant construction on parallel corridors in the downtown such as Queen Street, with the Ontario Line construction currently underway.

As requested by City Council through Member Motion 12.1 Automated Traffic Enforcement on King Street in November 2023, this report provides an update on a number of matters that Transportation Services, in partnership with the Toronto Transit Commission and ongoing support from Toronto Police Service, has been advancing to improve the reliability of the Transit Priority Corridor in the near term, as well as an update on the feasibility of implementing automated traffic enforcement along the Transit Priority Corridor.

The estimated cost to implement the improvements outlined in this report is $3,100,000. Funding is available for these capital projects categorized as a service improvement and enhancement in the approved 2024-2033 Capital Budget and Plan for Transportation Services (CTP419-03).

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

financial implications as contained in the Financial Impact Section.

The General Manager, Transportation Services recommends that:

1. City Council approve the amendments to City of Toronto Municipal Code Chapter 925 Permit Parking, and City of Toronto Municipal Code Chapter 950, Traffic and Parking, to allow for an expanded free-floating car-share program outside of permit parking areas / streets, generally as outlined in Attachment 1 to the report (April 18, 2024) from the General Manager, Transportation Services.

2. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council 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, in consultation with the General Manager, Transportation Services in order to give effect to Recommendation 1 above.

The purpose of this report is to seek City Council's approval to allow for the expansion of the Free-Floating Car Share Program through several Municipal Code amendments. These changes include exemptions from, the city-wide 3-hour unsigned parking rule, restricted parking prohibitions on highways with maximum permitted limits of one (1) hour or more, and from parking prohibitions, in the former North York, from 2:00 a.m. to 6:00 a.m., from December 1 of one year to March 31 of the next following year on highways set out in Schedule IV to City of Toronto Municipal code Chapter 950. In addition, the report also seeks to remove the limits for the number of permits issued to one company (currently set at 1,000 permits on a first-come-first-serve basis) and the total number of permits that can be issued city-wide (currently limited to 2,000).

Given that the primary focus of the existing program is to allow parking in permit parking areas, should City Council approve Municipal Code amendments associated with these exemptions, the Free-Floating Car-Share program will become more accessible to those residents living in neighbourhoods located in the former Scarborough, North York and Etobicoke-York areas of the city, which are outside permit parking areas.

There is no financial impact from the adoption of the recommendations outlined in this staff report.

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

The General Manager of Parks, Forestry and Recreation recommends that:

1. City Council authorize the Acting General Manager, Parks, Forestry and Recreation, to accept a donation of $0.075 million from High Park Initiatives, to provide financial support for the development of an outdoor classroom and publicly accessible nature education space called the Outdoor Urban Restoration Space 2.0 in High Park, in collaboration with Parks, Forestry and Recreation and in compliance with the Donations to the City of Toronto for Community Benefits Policy.

2. City Council authorize the Acting General Manager, Parks, Forestry and Recreation, to negotiate and sign on behalf of the City a donor agreement with High Park Initiatives, outlining the agreed-upon uses of the donated funds and donor recognition, on terms and conditions satisfactory to the Acting General Manager, Parks Forestry and Recreation and in a form satisfactory to the City Solicitor.

3. City Council approve an amendment to Parks, Forestry and Recreation's 2024 Capital Budget and 2025-2033 Capital Plan to create a new capital sub-project known as High Park Outdoor Urban Restoration Space Donation, in the Trails and Pathways project, with a project cost and cash flow of $0.075 million in 2024, fully funded from the High Park Initiatives donation, for the purpose of the development of the Outdoor Urban Restoration Space 2.0 in High Park.

The purpose of this report is to request authority from City Council to accept a donation in the amount of $0.075 million and enter into a donor agreement with High Park Initiatives, and to amend the 2024-2033 Parks, Forestry and Recreation Capital Budget and Plan accordingly for the establishment of an outdoor classroom and publicly accessible nature education space called the Outdoor Urban Restoration Space 2.0 in High Park.

The 2024-2033 Capital Budget and Plan for Parks, Forestry and Recreation will be amended by the creation of a new capital sub-project known as the High Park Outdoor Urban Restoration Space Donation, in the Trails and Pathways project, with a project cost and cash flow of $0.075 million in 2024.  This project will be classified as Service Improvement and will be fully funded from the High Park Initiatives donation, for the development of the Outdoor Urban Restoration Space 2.0 in High Park, which includes a trail connection and new fencing that will be designed and installed adjacent to the underutilized turf area directly south of the High Park Forest School building.

There are no additional annual operating costs associated with the planned improvements as the Outdoor Urban Restoration Space will be maintained by High Park Initiatives. The space will naturalize existing turf areas with plantings native to the black oak savannah of High Park.

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

The General Manager, Solid Waste Management Services, recommends that:

1. City Council direct the General Manager, Solid Waste Management Services, to include in the report back on Stage 3 of the Single-Use and Takeaway Items Reduction Strategy (Reduction Strategy) in the First Quarter of 2025:

a. Further updates on the implementation of the revised Stage 2 of the Reduction Strategy, including any additional or updated key performance indicators;

b. An update on the continued monitoring of the prevalence of reusable bags in the City’s waste stream;

c. Any recommendations on revising the definition of ‘Restricted Events’ to be only time-limited in nature and excluding retail business establishments that operate ticketed events on a regular scheduled basis.

2. City Council direct the General Manager, Solid Waste Management Services to report back on the outcome of the Government of Canada’s appeal of the Federal Court decision to quash the Order adding “plastic manufactured items” to the List of Toxic Substance List in Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA).

3. City Council amend City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, as follows:

a. Amend the definition of “BEVERAGE CUP” in §702-1. to clarify that a cup may also include a lid as follows:

BEVERAGE CUP – A cup designed to serve hot and/or cold beverages, and may include a lid to the cup.

b. Add the following definition to §702-1.:

SINGLE-USE BEVERAGE CUP – A beverage cup that is:

A. Designed to be used once and then disposed of as waste; and

B. Ordinarily provided at the point of sale for a beverage at a retail business establishment, or, when a beverage is ordered by telephone or internet-based ordering platforms, is retrieved from the retail business establishment by the customer or a delivery service.

c. Add a new subsection to §702-3. Paper shopping bags., that includes the following exemption provision: 

§702-3.B. does not apply to a retail business establishment if a single-use paper bag is being used to carry any goods purchased by a customer and is either:

(1)  being delivered by the retail business establishment to a customer off the premises of the retail business establishment; or

(2)  is picked up from the retail business establishment by a third-party delivery service and delivered to a customer off the premises of the retail business establishment.

d.  Add a new subsection to §702-5. Reusable beverage cup., that includes the following provision:

If a retail business establishment sells or provides a beverage in a single-use beverage cup to a customer, they shall post a notice visible to customers at any physical or virtual location stating that the retail business establishment accepts the use of a reusable beverage cup by a customer.

e. Delete §702-2.B.(2) to remove the restricted event exemption from single-use accessory food item requirement under §702-2.A.

f. Delete §702-3.D.(2) to remove the restricted event exemption from single-use paper shopping bag requirement under §702-3.B.

4. City Council direct that the amendments to the City of Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, described in:

a.  Recommendations 3.a., 3.b., and 3.c. comes into force on May 25, 2024;

b.  Recommendation 3.d. comes into force on September 1, 2024; and,

c.  Recommendations 3.e. and 3.f. comes into force on January 1, 2025.

5. City Council authorize the City Solicitor, in consultation with the General Manager, Solid Waste Management Services, to prepare the necessary bill required to give effect to City Council’s decision and to make such clarifications, minor modifications, technical or stylistic refinements as may be identified by the City Solicitor.

In December 2023, City Council adopted IE9.3, Update and Action Plan on the Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund report (SUTI Report), and the adoption of Municipal Code Chapter 702, Single-Use and Takeaway Items (SUTI Bylaw). The new SUTI Bylaw, which took effect March 1, 2024, is part of Stage 2 of the Single-Use and Takeaway Items Reduction Strategy (Reduction Strategy) and is applicable to all retail business establishments in Toronto. The development of the Reduction Strategy took into consideration the Government of Canada's (Government) Single-Use Plastic Prohibition Regulations (Federal Regulations).

A Supplementary Report (Supplementary Report) was also provided to the Infrastructure and Environment Committee on November 27, 2023, detailing the Federal Court of Canada (Federal Court) ruling that found the Order which added “plastic manufactured items” to the List of Toxic Substance on Schedule 1 of the Canadian Environmental Protection Act was unreasonable and unconstitutional (the Decision).¹ The Decision has been appealed to the Federal Court of Appeal and is stayed until the appeal is heard in June 2024 and a judgement is rendered.

This report responds to City Council direction from IE9.3 to report back on Stage 2 of the Reduction Strategy with the following information:

- any recommendations to adjust the Reduction Strategy that considers the Federal Regulations

- any recommendations to adjust the Reduction Strategy that considers a review of items prevalent in the City’s Litter Audits

- any recommendations to include requirements for reusable shopping bags

- a review for a requirement that retail business establishments post that they accept reusable beverage cups

- the feasibility of expanding the Ask-First / By-Request requirements to Restricted Events

- changing the definition of Restricted Events to be time-limited in nature

- details on the monitoring plan for the SUTI Bylaw

This report also provides an update on Stage 2 implementation and recommends the following additions and amendments to the SUTI Bylaw:

- Exempting delivery operations from the Ask-First / By-Request requirement for paper shopping bags, effective May 25, 2024

- Adding clarification to specify that a lid is part of a beverage cup, effective May 25, 2024

- Requiring retail business establishments to post signage that they accept reusable beverage cups effective September 1, 2024

- Expanding the Ask-First / By-Request requirement to include Restricted Events effective January 1, 2025.

¹ See Federal Court Decisions - Responsible Plastic Use Coalition v. Canada (Environment and Climate Change) - November 16, 2023 - section VI. Conclusion - https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/524419/index.do?q=plastic+toxic

There are no financial implications resulting from this report.

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

The City Solicitor recommends that:  

1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

On December 13-15, 2023, City Council adopted IE9.3 – Update and Action Plan on Single-Use and Takeaway Items Reduction Strategy, including the Circular Food Innovators Fund.  Among other things, the Council resolution requests the City Solicitor to report to the Infrastructure and Environment Committee on the legal feasibility of enacting and enforcing, pursuant to the City of Toronto Act, 2006, a By-law that would prohibit retail business establishments in Toronto from providing their customers with the same plastic manufactured items that the federal government prohibits in the Single-use Plastics Prohibition Regulations.

This supplementary report to the report from the General Manager, Solid Waste Management Services entitled Update on Stage 2 of the Single-Use and Takeaway Items Reduction Strategy (the “SWMS Report”) responds to Council’s direction.

There is no financial impact resulting from the adoption of the recommendations in the report.

The General Manager, Solid Waste Management Services recommends that:

1. The Infrastructure and Environment Committee receives this report for information

The purpose of this report is to provide Toronto City Council with feedback on the feasibility of piloting solar-powered smart-compacting garbage and recycling sidewalk litter bins in one or more Business Improvement Areas to study their effectiveness and possible future deployment throughout the city. This report provides background on previously conducted solar-powered-compacting litter bin pilots and estimated costs for these types of bins as well as information on the current litter bin contract.

A pilot involving solar-powered smart-compacting bins is not being recommended at this time due to concerns around ergonomics, costs, and scalability as well as unknowns related to public space recycling in light of the transition of the Blue Box Program to Extended Producer Responsibility.

Solid Waste Management Services is planning to conduct a bin sensor pilot on existing street litter bins starting in Second Quarter to Third Quarter of 2024. The sensors electronically detect the fullness of the bins and relay when the bins are at or near capacity. In addition to sensors, Solid Waste Management Services will be adding field support staff to inspect the street litter bins, gather data and report overflowing and maintenance issues for a period of six months in order to define trends and recommendations for optimal collection frequency for each litter bin in the city. 

The City will continue to explore enhancements and incorporation of technology in litter bins to help inform the future state once more information is available regarding the impact of Extended Producer Responsibility on public space recycling.

The financial impacts from this report are estimated at $936,816.00.  This amount represents an estimated cost of $152,640.00, net of Harmonized Sales Tax recoveries for the bin sensors, an estimated cost of $774,000.00, inclusive of salary and benefits for the field support staff and an estimated cost of $10,176.00 net of Harmonized Sales Tax recoveries for supporting resources.  Funding is available in Solid Waste Management Services operating accounts SW1060 for the bin sensors and SW0715 for the field support staff and supporting resources.  Any future costs would be based on the outcome of the Pilot and future possible service requirements regarding the impact of Extended Producer Responsibility on public space recycling.

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

Councillor Mike Colle recommends that the Infrastructure and Environment Committee recommend that:

1. City Council request the General Manager, Transportation Services in consultation with the General Manager, Economic Development and Culture, to report to City Council through the Infrastructure and Environment Committee as soon as possible on:

a. the feasibility of expanding the City’s StreetARToronto program to create 1000 new murals throughout the City in partnership with Business Improvement Areas, private property owners, the arts community, and corporate partners including support and recognition for permitted graffiti and street art and prevention of graffiti vandalism.

b. An update on exploring the feasibility of City-wide graffiti blitzes with the participation of appropriate divisions.

Over the last year, there has been a marked increase in graffiti tagging throughout the City including hateful messages, on both City property and private property, in part resulting from the global conflicts such as in the Middle East.

Combating graffiti is an ongoing challenge that requires a combination of public awareness and graffiti removal by the City and private property owners. One cost-effective and attractive City building method of addressing graffiti is encouraging murals on private buildings and on City property as murals are seldom tagged with graffiti.

Whether it is litter, garbage, or property in disrepair, there is a need to remind residents that if care is taken through daily upkeep and regular cleanup, it encourages pride of place and a greater appreciation of keeping the City safe and clean as espoused in the “broken windows theory” which proposes that a safer and more beautiful City results when we collectively take care of the daily surroundings in our communities.