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Toronto City Council · 2018-12-04 · 2019.CC1.6

The filed record

Engagement with the Province on Toronto's Transit System

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The decision

2018-12-04 · Toronto City Council · amended

As filed

City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council reaffirm its support for keeping ownership of the Toronto Transit Commission in the City of Toronto. 2. As City Council is charged with safeguarding City assets, City Council request the Province to demonstrate clearly and with evidence the goals they believe can only be achieved through a change in subway ownership. 3. City Council indicate its interest in working with the Province to get the Relief Line subway built as a priority and as quickly as possible.

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4. City Council request the Federal Government to hold a summit with representatives of the Federal, Provincial and City of Toronto governments, as soon as possible, recognizing the national significance of Toronto's transit infrastructure, with a goal to develop a long-term plan for investment in transit infrastructure, including both capital and operating funding. 5. City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to negotiate a joint Terms of Reference to guide a discussion and information exchange process between the Province and the City on the alignment of transit responsibilities between the parties (the "Discussion") having regard to: a. a jointly agreed upon set of objectives which give consideration to the City's following principles set out in Attachment 2 to the report (December 7, 2018) from the City Manager and the City Solicitor, as amended: Guiding Principles Good Governance Accountability Responsiveness to Community Transparency Policy and Operations Safety and Security of the System Preserving Mobility Options and a Seamless Journey Ensure Accessible Local Service Alignment of Infrastructure Investments with the City's Planning Objectives Advance priority expansion projects underway Funding Financial Sustainability of the transit system and the implications for the City as a whole Fair Allocation of Financial Obligations b. an evaluation of potential models and other policy options, including a comprehensive assessment of the potential risks, liabilities and implications, to achieve both the Province and City objectives; and c. the inclusion of a public consultation process which results in a meaningful exchange of concerns and/or opportunities raised in transparent manner. 6. Conditional upon a joint Terms of Reference having been developed in accordance with Part 5 above to the City Manager's satisfaction, City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to engage, as requested by the Province, in the Discussion, based upon the joint Terms of Reference. 7. City Council also authorize the Mayor, the Chair, Toronto Transit Commission, the City Manager and the Chief Executive Officer, Toronto Transit Commission and other relevant staff at the discretion of the City Manager, to engage in discussions with the Province on this matter and City Council direct the City Manager to report back as necessary. 8. City Council direct the City Manager to retain a third party validator for the City to determine all asset values. 9. City Council request the City Manager to report to City Council in the first quarter of 2019 with an update on the process, and to seek such further authority to engage in the process as may be required. 10. City Council direct that Confidential Attachment 1 to the report (December 7, 2018) from the City Manager and the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. 11. City Council forward a copy of City Council's decision to the Toronto Transit Commission Board for its information. Confidential Attachment 1 to the report (December 7, 2018) from City Manager and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.

The vote

Adopt Item as Amended · Carried, 24-1

For (24)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, Jim Karygiannis, Joe Cressy, John Filion, John Tory, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Stephen Holyday
Against (1)Josh Matlow
Absent (1)Shelley Carroll
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On the agenda

As the city filed it

The TTC provides a critical service-connecting the diverse communities of Toronto to economic and social opportunities through an integrated network of subway, bus, streetcar and Wheel-Trans services. This integrated network serves approximately 530-million riders annually; approximately 85 percent of the Greater Toronto and Hamilton Region's transit riders. The TTC network complements a regional commuter rail network, GO Transit, as well as intersects with other local transit service providers, such as York Region Transit and MiWay, to serve cross-municipal boundary trips.

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The Province's proposed 'upload' of the City's subway infrastructure is a matter of significant public interest. As two orders of government, the City and Province need to establish a clear and transparent process for evaluating what is in the best interest of transit riders and how best to provide mobility options to the communities both parties have a responsibility to serve. There are elements of the Province's proposal to date that require further clarification and development, an assessment of risks and opportunities, and sharing of key information to allow for informed decision-making. In August, the Province appointed a Special Advisor to Cabinet for a one year term to lead their review. The Minister of Transportation has requested the Mayor to advise on the City's willingness to engage in an information sharing exercise with the province on the proposed upload, and to provide a response by December 13, 2018. City Council earlier this year took a position in opposition to the proposed subway upload (MM41.36). This report responds to the November 30, 2018 letter from the Mayor to the City Manager requesting a report on the subject, including an assessment of risks and potential next steps. The report recommends City Council authorize the City Manager, under key conditions and with consideration for the principles outlined in Attachment 2, to engage with the Province on their proposal to 'upload' the subway infrastructure. The purpose of this engagement will be to establish a joint Terms of Reference that will guide an ongoing discussion and information exchange process between the Province and the City on this matter. An update report to City Council in Q1 2019 will outline the parameters of the joint process and seek any additional authorities that may be required at that time. This report was prepared in consultation with the Chief Executive Officer of the Toronto Transit Commission (TTC).

Staff recommended

The City Manager and the City Solicitor recommend that: 1. City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to negotiate a joint Terms of Reference to guide a discussion and information exchange process between the Province and the City on the alignment of transit responsibilities between the parties (the "Discussion") having regard to: a. a jointly agreed upon set of objectives which give consideration to the City's principles set out in Attachment 2; b.

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an evaluation of potential models and other policy options, including a comprehensive assessment of the potential risks, liabilities and implications, to achieve both the Province and City objectives; and c. the inclusion of a public consultation process. 2. Conditional upon a joint Terms of Reference having been developed in accordance with Recommendation 1 to the City Manager's satisfaction, City Council authorize the City Manager, in consultation with the Chief Executive Officer Toronto Transit Commission, to engage, as requested by the Province, in the Discussion, based upon the joint Terms of Reference. 3. City Council request the City Manager to report to City Council in the first quarter of 2019 with an update on the process, and to seek such further authority to engage in the process as may be required. 4. City Council direct that Confidential Attachment 1 to this report remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. 5. City Council forward a copy of this report to the TTC Board for its information.

    On the record

    The item as the City filed it

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